BOARD DATE:	  28 June 2012

		DOCKET NUMBER:  AR20090001032 


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 DD Form 214 (Armed Forces Report of Transfer or Discharge) be corrected to document his active duty service and overseas service in the Republic of Vietnam (RVN).  He also requests correction of his DD Form 214 to show his Vietnam Service Medal (VSM).

2.  The applicant states, in effect, that his active duty and RVN service are not properly documented on his DD Form 214 and he is being denied benefits as a result.  He further states no RVN service awards are listed on the DD Form 214.

3.  The applicant provides a Veterans Service Office letter, his DD Form 214, and pages from his DA Form 20 (Enlisted Qualification Record) 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 contains a DD Form 47 (Induction Report) that confirms he was inducted into the Army of the United States and entered active duty on 9 March 1967, and that he reported to the Reception Station at Fort Campbell, Kentucky, on that date.

3.  The applicant’s DA Form 20 shows he was awarded military occupational specialty (MOS) 55B (Ammunition Specialist) in March 1968 and that he was promoted to specialist five (SP5), the highest rank he held on active duty, on 15 July 1968.

4.  The applicant’s DA Form 20 confirms he served in the RVN from 7 January through 28 October 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 264th Transportation Company performing duties in MOS 55B as an ammunition specialist.  It further shows that on 28 October 1968 the applicant entered a patient status at the United States Army Hospital, Camp Zama, Japan, and was ultimately medically evacuated to the Army Hospital at Fort Leonard Wood, Missouri, on 5 November 1968.

5.  On 23 December 1968, the applicant was honorably released from active duty (REFRAD) in the rank of SP5.  The DD Form 214 he was issued at the time contains the entry "AMT NOT VERIFIED" in all the item 22 (Statement of Service) blocks, which includes items 22a(1) (Net Service This Period), 22a(2) (Other Service), 22a(3) (Total), 22b (Total Active Service), and 22c (Foreign and/or Sea Service).  Item 30 (Remarks) contains an entry that indicates the applicant was separated on temporary records.

6.  Item 24 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists only the National Defense Service Medal.  The DD Form 214 has no entry pertaining to RVN service.

7.  The applicant’s official military personnel file (OMPF) contains a letter from the Office of the Adjutant General, United States Army Administration Center, St. Louis, Missouri, dated 4 February 1970, which confirms the applicant had no lost time and lists the service periods that should be entered in item 22 of his DD Form 214 as follows:  item 22a(1) - 1 year, 9 months, 15 days; item 22a(2) - 0 years, 0 months, 0 days; item 22a(3) - 1 year, 9 months, 15 days; item 22b - 1 year, 9 months, 22 days.

8.  The applicant’s OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

9.  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 establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).

10.  The version of Army Regulation 635-5 in effect at the time of the applicant’s REFRAD stated that for enlisted personnel, the total service completed between the dates shown in item 10c (Date Inducted) or item 17c (Date of Entry) and item 11d (Effective Date) of the DD Form 214 should be entered in item 22a(1); that all prior service should be entered in item 22a(2); and that the total of all military service should be entered in item 22a(3).  It further indicated that the total active service completed should be entered in item 22b and that all overseas service completed during the period should be entered in item 22c.  The instructions for completing item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized.  A subsequent change to the regulation provided for entering the inclusive dates of service in Vietnam in item 30.

11.  The applicant provides a letter from a Veterans Services Officer from the Clark County Veterans Service Office, Neillsville, Wisconsin, which indicates the applicant was separated on temporary records and his DD Form 214 should be corrected to document information not included at the time of separation.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that it is awarded for service of 1 day or more in the RVN between 3 July 1965 and 28 March 1973.  It further states that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

13.  Chapter 4 of Army Regulation 600-8-22 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.  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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

14.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on award of the RVN Campaign Medal (RVNCM).  It states, in pertinent part, that it is authorized for 6 months or more of service in the RVN between 1 March 1961 and 28 March 1973.  It further states that the Device (1960) is worn with this award.

15.  Department of the Army General Orders 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to Headquarters, U.S. Army Vietnam, 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 document his active duty and RVN service was carefully considered and found to have merit.  The evidence of record confirms the applicant served on active duty for 1 year, 9 months, and 15 days between 9 March 1967 and 23 December 1968 and that he had no prior military service.  It also shows that he served overseas in the RVN for 9 months and 22 days between 1 January 1968 and 28 October 1968.  As a result, the entries in item 22 of his DD Form 214 should be corrected to properly document his active duty and overseas service and his RVN service should be documented in item 30.

2.  The applicant’s record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate and serve the interest of justice and equity to award the applicant the AGCM for his qualifying honorable active duty service from 9 March 1967 through 23 December 1968 and to add this award to his record and DD Form 214.

3.  The evidence of record also confirms that based on his RVN service and campaign participation, he is eligible for the VSM with four bronze service stars, RVNCM with Device (1960), and RVN Gallantry Cross with Palm Unit Citation.  As a result, it would also be appropriate to add these awards to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x_____  __x___  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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 9 March 1967 through 23 December 1968 and amending his DD Form 214 as follows:

	a.  item 22 - delete all "AMT NOT VERIFIED" entries;

	b.  item 22a(1) - add the entry "01  09  15";

	c.  item 22a(2) - add the entry "00  00  00";

	d.  item 22a(3) - add the entry "01  09  15",

	e.  item 22b - add the entry "01  09  15";

	f.  item 22c - add the entry "00  09  22";

	g.  item 24 - add the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	h.  item 30 - add the entry "Vietnam – 19680107-19681028"; and 


	i.  by providing him a correction to his DD Form 214 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)                                         AR20090001032



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ABCMR Record of Proceedings (cont)                                         AR20090001032



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