IN THE CASE OF:	  

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080006602 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam.

2.  The applicant states that he left for Vietnam on 13 May 1967 and departed Vietnam on 29 May 1968.  He assumes the error was an oversight.

3.  The applicant provides his DD Form 214; one page from his DA Form           20 (Enlisted Qualification Record); two Standard Forms 600 (Chronological Record of Medical Care); and a 25th Infantry Division Medical and Dental Clearance Certificate.

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 11 October 1966.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he departed his unit at Fort Lewis, WA, on 13 May 1967 en route to Vietnam.  Item 31 (Foreign Service) shows he departed the Continental United States on 2 June 1967 en route to Vietnam.

4.  Orders, dated 5 June 1967, show the applicant was reassigned from the U. S. Army, Vietnam, Transient Detachment to the 19th Light Maintenance Company on 6 June 1967.

5.  The applicant was reassigned to the 551st Light Maintenance Company on  12 June 1967.  He was reassigned to the 228th Supply and Service Company on 15 August 1967.

6.  The applicant departed Vietnam on 29 May 1968 after being credited with participation in three campaigns.

7.  The applicant was honorably released from active duty, in the rank and grade of Specialist Four, E-4, on 10 October 1968 after completing 2 years of creditable active service with no lost time.

8.  The applicant's DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle bar and the National Defense Service Medal.  Item 22c (Foreign and/or Sea Service) shows he served in the  U. S. Army Pacific (USARPAC) for 11 months and 28 days.

9.  The applicant's records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as "excellent" throughout his service.

10.  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.  At the time, the regulation required the last overseas theater to be entered in item 22c.  The regulation did not require Vietnam service dates to be entered on the form.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This 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.

12.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, to include the Vietnam Service Medal.

13.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with device (1960) to personnel who have served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive.

14.  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. 

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in Vietnam.  Item 22c of his DD Form 214 shows he served in USARPAC.  There was no requirement at the time he separated to show dates of service in Vietnam on the DD Form 214.  However, the applicant's DD Form 214 should be amended to add his Vietnam service awards, which will effectively reflect his service in Vietnam.

2.  The applicant's DD Form 214 should be amended to add the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  In addition, the applicant was honorably separated after completing 2 years 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:

___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 first award of the Army Good Conduct Medal for the period 11 October 1966 through 10 October 1968; and

     b.  adding the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




      _______ _ XXX  _______   ___
               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)                                         AR20080006602





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ABCMR Record of Proceedings (cont)                                         AR20080006602



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