BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090019890 


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, through his Member of Congress, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam.

2.  The applicant states he served as a door gunner with the 118th Aviation Company in Vietnam from 1964 to 1965.  He was awarded several medals, including an Air Medal with "V" Device.  Although he never received the actual medal, he did receive the paperwork and would love to have the medal.  He would like to receive the paperwork and medals to which he is entitled as he did not receive them all.  He only wants recognition of his service in Vietnam that is due to him.  He also wants to be able to be tested for Agent Orange.

3.  The applicant provides copies of his DD Form 214, dated 11 October 1965; General Orders Number 247 and 498 issued by U.S. Army Support Command Vietnam, dated 11 February 1965 and 29 March 1965; General Orders Number 1814 issued by U.S. Army Military Assistance Command Vietnam, dated 16 August 1965; and two citations showing awards of the Air Medal (3rd and 4th Oak Leaf Clusters) in support of his request.

4.  On 6 May 2010, the case analyst of record contacted the applicant regarding his exact dates of service in Vietnam, but the applicant was unsure of the exact dates.


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 records show he enlisted in the Regular Army for a period of 3 years on 26 October 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty 111.00/11B (Light Weapons Infantryman).

3.  His records further show he was subsequently assigned to Schofield Barracks, HI, on 25 March 1963.  He was assigned to Company A, 1st Battalion, 5th Infantry, 25th Infantry Division, U.S. Army Pacific Command (USARPAC).

4.  His DA Form 20 (Enlisted Record Brief) shows he was reassigned to the 118th Aviation Company in Vietnam on 4 December 1964 where he served as a door gunner until 18 May 1965 when he returned to the 1st Battalion, 5th Infantry, at Schofield Barracks, HI.

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 11 October 1965 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 24c (Foreign Service) shows he completed 2 years, 6 months, and 18 days of foreign service in USARPAC.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle Bar and the First Class Gunner Marksmanship Qualification Badge with Rocket Launcher Bar.

6.  His records contain the following documents:

	a.  General Orders Number 247 issued by U.S. Army Support Command Vietnam on 11 February 1965 and a citation awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 7 December 1964 to 11 December 1964;

	b.  General Orders Number 498 issued by the U.S. Army Support Command Vietnam on 29 March 1965 awarding him the Air Medal (2nd Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 20 December 1964 to 31 December 1964;

	c.  a certificate, dated 6 May 1965, showing he was awarded the Air Medal (3rd Oak Leaf Cluster) for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 1 January 1965 to 17 January 1965;

	d.  a citation awarding him the Air Medal (4th Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 18 January 1965 to 7 February 1965;

	e.  General Orders Number 525 issued by U.S. Army Support Command Vietnam on 1 April 1965 awarding him the Air Medal (5th Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the Republic of Vietnam from 8 February 1965 to 21 February 1965; and

	f.  General Orders Number 1814 issued by U.S. Army Military Assistance Command Vietnam on 16 August 1965 awarding him the Air Medal (6th Oak Leaf Cluster) and "V" Device for heroism while participating in aerial flight in the Republic of Vietnam on 13 February 1965.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c shows the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAREUR (U.S. Army Europe), USARPAC, etc.  Furthermore, item 30 is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

8.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.

	b.  The National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

	c.  Appendix B shows participation credit for the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965) and the Vietnam Defense Campaign (8 March 1965 to 24 December 1975) during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his records reveal one instance of nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 28 November 1963 for wrongfully consuming alcohol in a public establishment prior to reaching 20 years of age.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service in Vietnam with the 118th Aviation Company, the unit was awarded the Meritorious Unit Commendation for the period 1 June 1963 to 1 June 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his service in the Republic of Vietnam.

2.  With respect to his foreign service, he served in USARPAC for a period of 2 years, 6 months, and 18 days from 24 March 1963 to 11 October 1965.  Since his last overseas/foreign service theater was in USARPAC, the entry is correctly shown in item 24c of his DD Form 214.

3.  Nevertheless, during his USARPAC service, he also served in Vietnam from on or about 4 December 1964 to on or about 18 May 1965.  There is no harm to the Army or the Soldier if this period of service in Vietnam is shown in item 30 of his DD Form 214.

4.  Based on his 5 months and 14 days of service in Vietnam from on or about 4 December 1964 to on or about 18 May 1965, he is entitled to award of the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is also entitled to two bronze service stars with the Vietnam Service Medal.

5.  General orders awarded his unit of assignment the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The evidence of record shows he entered active duty on 26 October 1962 and he was honorably released from active duty on 11 October 1965.  Therefore, he served a qualifying period of service for award of the National Defense Service Medal and he is entitled to correction of his records to show this award.

7.  General orders awarded him six awards of the Air Medal, one of which was for valor, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (6th Award) with "V" Device.

8.  The evidence of record confirms he served honorably during the period 26 October 1962 through 11 October 1965.  He attained the rank/grade of SP4/E-4, received multiple combat awards, and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  Aside from the minor NJP he received on 28 November 1963, his record is void of any other derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his records to show this award.

9.  With respect to the replacement awards, requests for the issuance or replacement of military service medals, decorations, and awards should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Requests should be mailed with supporting evidence to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO, 63132-5100.

10.  With respect to the issue of Agent Orange testing, this issue is not within the ABCMR's purview.  The ABCMR corrects records; it does not establish entitlement to medical or other benefits.  The applicant is advised to contact his nearest local or regional Department of Veterans Affairs representative concerning eligibility for medical benefits.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  __x______  __x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 October 1962 through 11 October 1965;

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Air Medal (6th Award) with "V" Device, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	c.  adding to item 30 of his DD Form 214 the entry:  "Service in Vietnam 19641204-19650518."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the replacement medals and testing for Agent Orange.



      ___________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)                                         AR20090019890



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ABCMR Record of Proceedings (cont)                                         AR20090019890



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