BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100006953 


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

2.  The applicant states that he served in the Republic of Vietnam (RVN) during the period February 1964 through February 1965.  He contends that this omission has caused him to be denied some benefits from the Department of Veterans Affairs.  He wishes that this error be corrected so that he can enroll for veterans' medical benefits.

3.  The applicant provides a copy of the following:

* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)
* DD Form 214

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 on 1 October 1963 for a period of 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairer).  He was honorably released from active duty on 14 September 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His records show that he served a tour of duty in the RVN during the period 21 February 1964 through 6 February 1965 and a tour in U.S. Army Europe (USAREUR) from 12 April 1965 through 10 February 1966.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to the 545th Transportation Detachment during his tour in Vietnam.

5.  Item 24c (Foreign and/or Sea Service) of the applicant's DD Form 214 credits him with 2 years, 6 months, and 22 days of foreign service in USAREUR.  Item 32 (Remarks) of his DD Form 214 is also void of his service in Vietnam.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.

9.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

10.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  One designated campaign coincides with the applicant's period of service in the RVN:

* Vietnam Advisory Campaign (15 March 1962-7 March 1965)

12.  Army Regulation 600-8-22 states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

13.  Army Regulation 600-8-22 states the RVN 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.  

14.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

* Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for his service in Vietnam and all related awards to be added to his DD Form 214 was carefully considered and is supported by the evidence.

2.  The evidence of record confirms the applicant served honorably during the period 1 October 1963 through 14 September 1966.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his records to show this award.

3.  The applicant was eligible for award of the Vietnam Service Medal which is not shown on his DD Form 214.  He is therefore entitled to correction of his records to reflect this award.  His records also show he participated in one campaign while serving in the RVN.  He is entitled to award of one bronze service star for wear on the Vietnam Service Medal.

4.  The applicant was eligible for award of the RVN Campaign Medal with Device (1960) which is not shown on his DD Form 214.  He is therefore entitled to correction of his records to reflect this award.

5.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation during the applicant's assignment in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant served a complete tour of duty in the RVN during the period 21 February 1964 through 6 February 1965.  Although the regulation governing preparation of the DD Form 214 at the time did not provide for entering service in Vietnam, later versions of the regulation did.  At this time it would be appropriate to enter this period of service on his DD Form 214.

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 Army Good Conduct Medal for the period 1 October 1963 through 14 September 1966; 

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the RVN Campaign Medal with Device (1960), and the RVN Gallantry Cross with Palm Unit Citation, and

	c.  adding to item 32 of his DD Form 214 the entry "Service in Vietnam during the period 21 February 1964 through 6 February 1965."



      __________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)                                         AR20100006953



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)