IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080005058 


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 that all the awards he should have received and his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states that his DD Form 214 does not show any of his overseas duty or the medals he should have received.

3.  The applicant provides a copy of his DD Form 214; a copy of his DD Form    47 (Record of Induction); and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army on 18 January 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 76L (Film Library Specialist).  

3.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle bar on 16 February 1968.

4.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Detachment, 160th Signal Group on 3 June 1968.  He was reassigned to the 221st Signal Company on 15 August 1968.  He departed Vietnam on 12 August 1969 after being credited with participation in five campaigns.

5.  The applicant was honorably released from active duty on 14 August 1969, in the rank and grade of Specialist Four, E-4, after completing 1 year, 6 months, and 27 days of creditable active service with no lost time.  

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal.  Item 22c (Foreign and/or Sea Service) shows he served 1 year, 2 months, and 14 days of foreign service.  No theater of service is listed.

7.  The applicant’s records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his service.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with device (1960) 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.  

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 221st Signal Company, it was cited for award of the Meritorious Unit Commendation for the period 1 July 1969 through 31 March 1970 by Department of the Army General Orders Number 48, dated 1971.

13.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of     the DD Form 214.  The regulation in effect at the time stated in pertinent part that the total active duty outside the continental limits of the Untied States for the period covered by the DD Form 214 and the last overseas theater (e.g., USAREUR (for U. S. Army Europe)) in which the service was performed would be entered in item 22c 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Vietnam for over a year yet the theater where he performed his foreign service is not identified on his DD Form 214, and the awards he earned for his service in Vietnam are not listed on his DD Form 214.

2.  Item 22c of the applicant’s DD Form 214 should be amended to add “USARPAC” (i.e., the U. S. Army Pacific theater).

3.  The Vietnam Service Medal with one silver service star and the Republic of Vietnam Campaign Medal with device (1960) should be added to the applicant’s DD Form 214.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation.  Later, all units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should be added to his DD Form 214.  

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle bar.  This badge should be added to his DD Form 214.

6.  The applicant completed over 18 months of creditable active service with no lost time.  His records contain no derogatory information and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

BOARD VOTE:

___xx___  __xx____  ____xx__  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.  amending item 22c of his DD Form 214 to add “USARPAC”;

     b.  awarding him the first award of the Army Good Conduct Medal for the period 18 January 1968 through 14 August 1969; and

     c.  adding the Army Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with device 

(1960), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle bar to his DD Form 214.




      _______ xxxx_______   ___
               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)                                         AR20080005058





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ABCMR Record of Proceedings (cont)                                         AR20080005058



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