RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060013554 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect his service in Vietnam. 

2.  The applicant states that his DD Form 214 reflects that he served 2 years, 10 months, and 24 days in Thailand, when in fact he served in Vietnam from July 1963 until the end of 1964, when he was transferred to Thailand. 

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 8 June 1966.  The application submitted in this case is dated 4 September 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was born on 28 August 1941 and enlisted in the Regular Army in Portland, Oregon on 9 November 1962 for a period of 3 years and assignment to the Army Security Agency (ASA).  He completed his basic training and was transferred to Fort Devens, Massachusetts, for training as a traffic analyst.

4.  He completed his advanced individual training and was transferred to Vietnam on 15 July 1963, for assignment to the 3rd Radio Research Unit (RRU) in Saigon.  He was subsequently transferred to the 8th RRU in Phu Bai and on 27 November 1964, he was transferred to the 5th RRU in Bangkok, Thailand.  He was promoted to the pay grade of E-5 on 8 August 1965.

5.  He was transferred to the 5th RRU detachment in Udorn, Thailand on 1 March 1966, where he remained until he was honorably released from active duty (REFRAD) in Thailand on 8 June 1966.  He had served 3 years and 7 months of total active service and his DD Form 214 indicates that he served 2 years, 10 months and 24 days of foreign service and that his last tour was in Thailand.  His DD Form 214 contains no indication of his time served in Vietnam.  He was awarded the Armed Forces Expeditionary Medal and the National Defense Service Medal.  Additionally, a review of his records shows that he had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.

6.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect at the time provides, in pertinent part, that the last overseas tour would be reflected in item 24 C, beside the time served overseas.  It also provided that time served in Vietnam would be reflected in item 32 (Remarks).  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (RVNCM).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit 
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 15 July 1963 to 26 November 1964.  Accordingly, his records should be corrected to reflect in item 32 of his DD Form 214 “Service in Vietnam from 15 July 1963 to 26 November 1964”.  

2.  The applicant is also entitled to be awarded the RVNCM, the RVNGC w/Palm Unit Citation, and the MUC.  Accordingly, it would be in the interest of justice to do so at this time.  

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 9 November 1962 through 8 November 1965.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 June 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 June 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__x ___  _x ___  _x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the GCMDL for the period of 9 November 1962 through 8 November 1965, while serving in the rank of specialist five (SP5); the RVNCM; the RVNCG w/Palm Unit Citation; the MUC; and by showing in the remarks section of his DD Form 214 (block 32), the entry “Service in Vietnam from 15 July 1963 to 26 November 1964.”

 



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          CHAIRPERSON




INDEX

CASE ID
AR20060013554
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.110.0000
189/CORR 214
2.107.0000
46/DEC/AWD
3.

4.

5.

6.