IN THE CASE OF:	  

		BOARD DATE:	  11 December 2008

		DOCKET NUMBER:  AR20080015019 


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 service in the Republic of Vietnam be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 October 1965.

2.  The applicant states he served with the 1st Cavalry in the Republic of Vietnam from April to October 1965.

3.  The applicant provides a copy of 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 military personnel record shows he initially enlisted in the Regular Army on 26 October 1962 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 76D (Ordnance Supply and Parts Specialist).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant at USARV (U.S. Army Vietnam) from 17 August 1965.  The ending date is blank.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 contains the following entries:

	a.  effective 3 July 1965 - assigned to Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry Division (Airmobile) at Fort Benning, Georgia;

	b.  effective 17 August 1965 - enroute to U.S. Army Pacific (USARPAC);

	c.  effective 17 September 1965 - assigned to Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry Division (Airmobile); and

	d.  effective 8 October 1965 - enroute to CONUS (continental U.S.).

5.  On 14 October 1965, the applicant was released from active duty as an overseas returnee.  He had completed 2 years, 11 months, and 19 days of active service that was characterized as honorable.

6.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

8.  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 13th Signal Battalion, the unit received the Meritorious Unit Commendation (Army) for the period September 1965 to March 1967 based on Department of the Army General Order Number 17, dated 1968.

9.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965).

11.  Army Regulation 600-8-22 provides, in pertinent part, 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 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not reflect his service in the Republic of Vietnam.

2.  The entries in Items 31 and 38 of the applicant's DA Form 20 establish that he did in fact serve in the Republic of Vietnam from 17 August 1965 until 8 October 1965.  Therefore, he is authorized the Vietnam Service Medal with one bronze service star.  Adding this award to his DD Form 214 will effectively show his service in the Republic of Vietnam.

3.  Based on the applicant's service with the 13th Battalion in the Republic of Vietnam he is entitled to the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 October 1962 to 14 October 1965 ending with the termination of a period of Federal military service.

5.  Records show the applicant's period of service was served honorably during the period from 1 January 1961 through 14 August 1974.  Therefore, the applicant is entitled to the National Defense Service 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 the applicant the Army Good Conduct Medal for the period of service from 26 October 1962 to 14 October 1965; and

	b.  amending item 26 of the applicant's DD Form 214 to show he was awarded or is authorized the Army Good Conduct Medal, the Meritorious Unit Commendation Medal (Army), the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20080015019



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ABCMR Record of Proceedings (cont)                                         AR20080015019



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