IN THE CASE OF: BOARD DATE: 7 November 2018 DOCKET NUMBER: AR20170003257 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 November 2018 DOCKET NUMBER: AR20170003257 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 July 1973 to show he entered active duty on 1 July 1970 and to show he served in Vietnam. 2. The applicant states the DD Form 214 does not show his service in Vietnam in the following areas: Landing Zone English, Pleiku, Binh Long, Qui Nhon, and Phu Cat. He needs the correction to receive treatment for post-traumatic stress disorder from the Department of Veterans Affairs (VA). THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * two photographs * letter of support from his brother addressed to the VA with a California Jurat with Affiant Statement * the applicant stated he was submitting letters to his mother, but none were included with the application 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment Contract) * DA Form 20 (Enlisted Qualification Record) * two DD Forms 214 REFERENCES: 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 Army Board for Correction of Military Records (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. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. Prior to 15 August 1979, DD Forms 214 were issued to enlisted service members who were discharged for immediate reenlistment. With the exception of prior service entries, the information on the DD Form 214 was related the period covered by the DD Form 214 b. The regulation, as in effect at the time of the applicant's separation, stated the theater of operations in which last period of overseas service was performed was to be entered on the DD Form 214. c. Currently, the Remarks block is used for Headquarters Department of the Army mandatory requirements when a separate block is not available including a more specific entry of the country in which a Soldier served in during a period of conflict. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months. b. A bronze service star is authorized to be worn on the Vietnam Service Medal for each campaign period of service in Vietnam. Appendix B lists the campaign periods for service in Vietnam. During the applicant’s service in Vietnam, he participated in the following campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) 4. Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units: a. Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. The Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for any awards or decorations pertaining to the applicant. DISCUSSION: 1. While 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's DD Form 4 shows he enlisted in the Regular Army on 31 July 1970. 3. The applicant's DA Form 20 shows: * enlistment on 31 July 1970 * service in Vietnam from 10 January 1971 through 18 November 1971 * conduct and efficiency ratings of unsatisfactory from 6 December 1971 through the end of his period of service (13 July 1973) * service in Vietnam during two campaign periods * assignment in Vietnam with: * 589th Signal Company from 17 January 1971 through 23 September 1971 * 146th Signal Company from 24 September 1971 through 18 November 1971 4. On 2 May 1972, he was honorably discharged for immediate reenlistment. The DD Form 214 issued at that time shows 1 year of foreign and/or sea service. It does not indicate the location of this service. His awards are shown on the DD Form 214 as the National Defense Service Medal and the Vietnam Service Medal. 5. On 3 May 1972, he reenlisted. 6. On 13 July 1973, the applicant received an under honorable conditions (general) discharge, under the provisions Army Regulation 635-200, paragraph 12-5(c), for drug abuse. 7. His 13 July 1973 DD Form 214 shows: * 1 year, 2 months, 11 days of net service this period * 2 years, 11 months, and 13 days of total active service * no foreign and/or sea service this period * no awards or decorations this period 8. One of the photos provided by the applicant shows a Soldier on a field radio and the other shows Soldiers squaring off to box. Neither photo offers identifying information as to personnel or location. 9. In a letter of support to the VA, his brother states: a. He is writing this letter to confirm that his brother fulfilled his eight month tour of duty in Vietnam. He does not know the exact dates, but does know that it was in the early 1970s. When his brother came back to the United States, he and his parents visited him in the hospital at Fort Ord. b. He was suffering from what we now know as post-traumatic stress disorder. Not being able to sleep, the base psychiatrist prescribed "uppers" so that he could stay up for 24 hours and do his job and "downers” so that he could sleep when he wasn't on duty. c. The applicant married his high school girlfriend. She convinced him to reenlist so that they could collect a $10,000 bonus because she wanted a new car. His wife left him, taking the new car and running off with another Soldier. Things were spinning out of control for the applicant. It was at this time that the applicant called him and asked if he could do something to help him. With the assistance of their Congressman, they got his brother a general discharge. 10. Service in Vietnam was recognized by the inclusion of a notation on the DD Form 214 and the award of the appropriate awards and decorations for service in Vietnam. 11. The applicant's 2 May 1972 DD Form 214 shows foreign service of 1 year whereas his DA Form 20 shows only 10 months and 2 days of foreign service. The DD Form 214 does not show the location of his foreign service. 12. The entries related to the applicant's period of service in Vietnam would have been included only on his 2 May 1972 DD Form 214. 14. The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect these appurtenances. 15. The applicant served for over 6 months in Vietnam and is authorized the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 does not reflect this medal. 16. He served in Vietnam during a period for which all units were authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not reflect this citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003257 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2