IN THE CASE OF: BOARD DATE: 6 November 2012 DOCKET NUMBER: AR20120008671 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 award of the Vietnam Service Medal and any other awards to which he is entitled. 2. The applicant states he served almost a year and a half in Vietnam; however, his DD Form 214 only reflects one overseas service bar. He also states he is attempting to be added to the Agent Orange Registry and to obtain service-connected disability. 3. The applicant provides a copy of his DD Form 214 effective 19 January 1973. 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 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. 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 enlisted in the Regular Army on 6 January 1969 for a period of 3 years and training as wheel vehicle repairman. He completed basic training at Fort Knox, Kentucky, and advanced individual training at Fort Leonard Wood, Missouri, before being transferred to Vietnam on 25 May 1969. 3. He was initially assigned to the 129th Light Maintenance Company and he was transferred to the 21st Supply and Service Company in September 1969. 4. On 19 January 1970, he was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 issued at the time shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960). It also shows he performed 7 months and 19 days of foreign service; however, it does not identify where the foreign service was performed. 5. On 20 January 1970, he reenlisted for a period of 3 years and his present duty assignment. He remained in Vietnam and served in five campaigns until he departed on 2 November 1970 for assignment to Fort Meade, Maryland, where he remained until he was honorably released from active duty (REFRAD) on 19 January 1973 due to the expiration of his term of service. He completed 4 years and 14 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded one overseas service bar, he completed 9 months and 16 days of foreign service in Vietnam, and he served in Vietnam from 20 January to 5 November 1970. 6. A review of the applicant's official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM). 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal. A silver service star is worn in lieu of five bronze service stars. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. The regulation in effect at the time provided that only foreign service performed and awards and decorations that were awarded during the period covered by the DD Form 214 would be entered on that form. However, that regulation was subsequently changed and remains in effect that allows all decorations and awards to be entered on the DD Form 214. However, only foreign service performed during the period covered by the DD Form 214 is authorized. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 11. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. DISCUSSION AND CONCLUSIONS: 1. It is apparent from his application that he may have forgotten he was issued a DD Form 214 for the period ending 19 January 1970 when he was discharged for immediate reenlistment that reflected his service up until that date. 2. However, since the regulation governing the preparation of the DD Form 214 subsequently changed to allow all awards to be entered on the DD Form 214, it would be appropriate to grant the applicant an exception to policy to add all of his awards on his last DD Form 214 and would serve to resolve any confusion regarding his service in Vietnam. 3. While the applicant was awarded the Vietnam Service Medal, he was not awarded any service stars to denote his campaign participation. He served in five campaigns and thus is entitled to wear one silver service star on his already-awarded Vietnam Service Medal. 4. A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award). Therefore, it appears that the failure to award him this medal was the result of an administrative error. Accordingly, he should be awarded the AGCM (1st Award) for the period 6 January 1969 to 5 January 1972 and his DD Form 214 should be corrected to show this award. 5. He served 1 year, 5 months, and 10 days in Vietnam and is entitled to three overseas service bars. He served in Vietnam from 25 May 1969 through 5 November 1970 and as a matter of clarification it would be appropriate to have that reflected in the remarks section of his last DD Form 214 as an exception to policy. 6. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have that award added to his DD Form 214. 7. The applicant is also advised that the changes made to his DD Form 214 for the period ending 19 January 1973 do not overcome the need for him to present his DD Form 214 issued on 19 January 1970 when applying for benefits. BOARD VOTE: ___X____ ____X __ ____X___ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the AGCM (1st Award) for the period 6 January 1969 through 5 January 1972 * deleting the entry "1 O/S Bar" from his DD Form 214 for the period ending 19 January 1973 * deleting the entry "VIETNAM-20JAN70 THRU 5NOV70" from the remarks block of his DD Form 214 for the period ending 19 January 1973 * adding award of the AGCM (1st Award), National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three overseas service bars to his DD Form 214 for the period ending 19 January 1973 * adding the entry "SERVICE IN VIETNAM 25 MAY 1969-5 NOVEMBER 1970" to his DD Form 214 for the period ending 19 January 1973 2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20120008671 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120008671 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1