IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003686


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served 1 year, 1 month, and 3 days of foreign service in the Republic of Vietnam.

2.  The applicant states his foreign service time should read 1 year, 1 month, and 3 days, vice 1 year, 0 months, and 4 days.

3.  The applicant provides a copy of his DD Form 214, an extract of his DA Form 20 (Enlisted Qualification Record), Special Orders Number 51, issued by Headquarters, 11th Armored Cavalry Regiment on 27 February 1969, and his port call instructions, issued by Headquarters, 11th Armored Cavalry Regiment.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 21 September 1967.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 71H (Personnel Specialist).  The highest rank/grade he attained during his period of active military service was specialist five (SP5)/E-5.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service), he served in the Republic of Vietnam for 1 year, 1 month, and 3 days, from on or about 22 March 1968 to on or about 24 April 1969
* item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Troop, 11th Armored Cavalry Regiment, during his period of service in the Republic of Vietnam 
* item 38, he departed Vietnam in a casual status enroute to the United States on 23 April 1969

4.  He was honorably released from active duty as an overseas returnee on 24 April 1969.  The DD Form 214 he was issued at the time credits him with completing 1 year, 7 months, and 4 days of total active service, including 1 year and 4 days of foreign service in an unspecified theater of operations.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized among his awards the Vietnam Service Medal.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the
DD Form 214.  It stated that for:

	a.  item 22c (Statement of Service – Foreign and/or Sea Service) enter the total active service performed outside the continental limits of the U.S. for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., U.S. Army Pacific (USARPAC), U.S. Army Vietnam (USARV), etc.); and

	b.  item 30 (Remarks) this block was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry.  However, it did not mandate an entry to document service in Vietnam, as was the case with future editions of the regulation.

6.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks block.

7.  As a related issue, a review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in, and a silver service star is authorized in lieu of 5 bronze service stars.  Appendix B, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows that during his service in the Vietnam, he participated in the following five campaigns:

* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July  1968 – 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that his unit of assignment in the Republic of Vietnam, the 11th Armored Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 7 September 1966 through 10 August 1968 by Department of the Army General Orders Number 60, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from on or about 22 March 1968 to on or about 23 April 1969 when he departed Vietnam as an overseas returnee.  The cumulative period of foreign service is 1 year, 1 month, and 2 days.  He was discharged from the Army on 24 April 1969.  This period of service is inaccurately reflected in item 22c of his DD Form 214, since item 22c shows he served 1 year and 4 days of foreign service and doesn't identify the theater of operations in which the foreign service occurred. 

2.  He participated in five campaigns during his service in the Republic of Vietnam.  The Vietnam Service Medal, while listed as an authorized award on his DD Form 214, is not accompanied by any corresponding service stars to denote campaign participation.  In accordance with the governing Army regulation, a silver service star should be affixed to his Vietnam Service Medal to denote his participation in five campaigns.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Vietnam Service Medal with silver service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	b.  deleting from item 22c the current entry and correcting it to show 1 year, 1 month and 2 days in USARV; and

	c.  adding to item 30 the entry "SERVICE IN USARPAC (VIETNAM) FROM 19680322 – 19690423."


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing in item 22c that he served 1 year, 1 month and 3 days of foreign service.



      __________x_____________
               CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20150003686



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