IN THE CASE OF:	    

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080002188 


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, in effect, that his separation document (DD Form 214) be corrected to reflect all awards to which he is entitled and that he be issued an Honorable Discharge (HD) certificate.

2.  The applicant states, in effect, his records were destroyed in 1965, and as a result, his DD Form 214 does not include all the awards to which he is entitled.  He also states he was never issued an HD Certificate.  He requests his DD Form 214 be corrected to reflect all awards and that he be issued an HD Certificate. 

3.  The applicant provides his DD Form 214 in support of his application. 

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's record shows he enlisted into the Regular Army (RA) and entered active duty on 29 June 1962, and was trained in and awarded military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman).  It also shows that on 19 December 1963, after completing 1 year, 5 months, and 
21 days of active military service, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at this time shows, in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during the period of service covered by the separation document (29 June 1962-19 December 1963):  Army of Occupation Medal (AOM) with Germany Clasp; Armed Forces Expeditionary Medal (AFEM)-Berlin; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  On 20 December 1963, the applicant reenlisted for a period of 3 years.  His Enlisted Qualification Record (DA Form 20) shows he served in Germany from April 1963 through October 1963, and in the Republic of Vietnam (RVN) from 
26 September 1964 through 25 September 1965.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 
150th Transportation Detachment from 31 December 1964 through 29 June 1965 and to the 167th Transportation (Detachment C) from 30 June 1965 through 
25 September 1965.  In both assignments, he performed duties in MOS 68F as a senior aircraft electrician.  Item 38 also shows that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), AOM; AFEM-Berlin; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His record also contains a Headquarters and Headquarters Company (HHC), XVIIIth Airborne Corps Letter, dated 8 November 1965, which requested reconstructed service records on the applicant due to his records being destroyed in an automobile accident. 

5.  On 19 December 1966, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS), and was transferred to the United States Army Reserve (USAR) Control Group, with a termination of obligation (discharge) date of 28 June 1968.  Item 26 of the DD Form 214 he was issued at that time shows he earned the National Defense Service Medal (NDSM) and Vietnam Service Medal (VSM).  

6.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  

7.  Chapter 2 of the separation documents regulation contains instructions for the preparation of the DD Form 214.  The version of the regulation in effect at the time of the applicant's REFRAD provided for entering only awards earned during the period covered by the DD Form 214; however, the current version of the regulation states that all awards for all periods of service will be listed on the 
DD Form 214 in the priority sequence specified in the Army's  awards regulation. 

8.  Paragraph 2-10 of the separation documents regulation establishes standardized policy for preparing and distributing the DD Form 256A (Honorable Discharge Certificate).  It states, in pertinent part, that a DD Form 256A is issued to all Soldiers receiving an honorable discharge.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

10.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The normal qualifying period is 3 years, and although there is no automatic entitlement to award of the AGCM, disqualification must be justified.

11.  Paragraph 9-13 of the same regulation prescribes the policy for award of the RVN Campaign Medal (RVNCM).  It states, in pertinent part, that it is authorized to all members of the Armed Forces of the United States for qualifying service of six months or more in the RVN between 1 March 1961 and 28 March 1973.  

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s units (150th and 167th Transportation Detachment) earned the Valorous Unit Award and Presidential Unit Citation.  It also shows that during the period of his assignment, participation credit was granted for the Vietnam Advisory and Vietnam Defense campaigns.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to include all awards to which he is entitled was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the AFEM (Berlin) and AOM with Germany Clasp, as evidenced by entries included on his DA Form 20 and DD Form 214.  

3.  The applicant's record also confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a specific unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 29 June 1962 through 28 June 1965.

4.  The evidence of record also confirms that based on the applicant's RVN service and campaign participation, he is entitled to the Valorous Unit Award, Presidential Unit Citation, RVN Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

5.  Further, by regulation, an HD Certificate (DD Form 256A) is issued to all Soldiers receiving an honorable discharge.  Therefore, it would be appropriate to issue the applicant an HD Certificate based on his discharge date of 28 June 1968 at this time.

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

      a.  awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 29 June 1962 through 28 June 1965; 
      
      b.  issuing him a Honorable Discharge Certificate, effective 28 June 1968; 
      
      c.  by amending his 19 December 1966 DD Form 214 by deleting the current list of awards in Item 26 and replacing it with the entry "National Defense Service Medal, Army Good Conduct Medal, Armed Forces Expeditionary Medal (Berlin), Army of Occupational Medal with Germany Clasp, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award; Presidential Unit Citation; and Sharpshooter Marksmanship Qualification Badge with Rifle  Bar; and 
      
      d.  providing him a correction to his separation document that includes these changes.
      




       _    __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)                                         AR20080002188



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ABCMR Record of Proceedings (cont)                                         AR20080002188


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