IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100014988 


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 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 in Vietnam from 10 September 1965 to 12 September 1966 with the 125th Air Traffic Company.  He went over with his unit and did not have individual orders.

3.  The applicant provides his DD Form 214, dated 17 July 1968. 

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 (RA) for a period of 3 years on 8 April 1960.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 723.10 (Communications Center Specialist).

3.  His records further show he was subsequently assigned to the 32nd Signal Battalion, U.S. Army Signal Service Unit, U.S. Army Europe (USAREUR).

4.  On 17 July 1962, he was discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he completed 2 years, 3 months, and 10 days of creditable active service with 11 months and 29 days of foreign service.  

5.  On 18 July 1962, he reenlisted in the RA while assigned to 32nd Signal Battalion, U.S. Army Signal Service Unit.

6.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 125th Air Traffic Company in Vietnam on 10 September 1965 where he served until 11 September 1966 until he was reassigned to the 24th Aviation Battalion, USAREUR.

7.  On 17 July 1968, he was honorably discharged in the rank/grade of sergeant (SGT)/E-5.  The DD Form 214 he was issued for this period of service shows the following entries:

* Item 22a (Net Service this Period) shows he completed 6 years
* Item 22c (Foreign Service) shows he completed 4 years, 6 months, and 19 days of foreign service in USAREUR
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Expert Marksmanship Qualification Badge with Rifle Bar

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 22c 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, USARPAC (U.S. Army Pacific), 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.

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

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  A clasp is authorized for wear on the Army Good Conduct Medal to denote a second or subsequent award.  

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 125th Air Traffic Company, his unit was cited for award of the Meritorious Unit Commendation for the period 1 June 1965 - 31 December 1965 by Department of the Army General Orders (DAGO) Number 67, dated 1968.  His unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 - 26 March 1967 by DAGO Number 22, dated 1968.

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 USAREUR for a period of 1 year, 7 months, and 29 days from 16 October 1966 to 13 June 1968.  Since his last overseas/foreign service theater was in USAREUR, the entry is correctly shown in item 22c of his DD Form 214, dated 17 July 1968.

3.  Nevertheless, during this period of service, he also served in Vietnam from on or about 10 September 1965 to on or about 11 September 1966.  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 item 41 of his DA Form 20, he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal which are not shown on his DD Form 214.  Additionally, he participated in three campaigns during his service in Vietnam and he is entitled to three bronze service stars to be worn affixed to the Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  General orders awarded his unit 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 confirms he served honorably during the periods 8 March 1960 through 7 March 1963 and 8 March 1963 through 7 March 1966.  He attained the rank/grade of SGT/E-5 and he received all "excellent" conduct and efficiency ratings throughout this period of military service.  His record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first and second awards of the Army Good Conduct Medal and correct his records to show these awards.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 March 1960 through 7 March 1963;

	b.  awarding him the Army Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 8 March 1963 through 7 March 1966;

	c.  adding to his DD Form 214, dated 17 July 1968, the Army Good Conduct Medal (2nd Award), National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.  adding to item 30 of his DD Form 214 the entry:  "Service in Vietnam 19650910-19660911"; and 

	e.  providing him a document to show the above corrections.



      _______ _  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)                                         AR20100014988



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ABCMR Record of Proceedings (cont)                                         AR20100014988



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