IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015332 


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 and the associated medals and decorations (in effect, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he served in Vietnam from April 1967 to January 1968.  He was attached to the 92nd Engineer Battalion.  He also states he did not know there were two separate and different medals for recognition of Vietnam service.

3.  The applicant provides:

* his DD Form 214
* Special Orders Number 97, dated 24 April 1967
* Special Orders Number 166, dated 15 July 1967
* Special Orders Number 216, dated 26 November 1967
* Memorandum, Subject:  Port Call (Corrected Copy), dated 7 January 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 was inducted into the Army of the United States on 26 January 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 52F (Electrician).  He was subsequently assigned to Company B, 92nd Engineer Battalion, Fort Bragg, NC.

3.  On 11 October 1966, Headquarters, XVIII Airborne Corps, Fort Bragg, published Letter Orders 2198 directing the 92nd Engineer Battalion's permanent change of station from Fort Bragg to the U.S. Army Pacific Command (USARPAC), with a proceed date of on or around 19 December 1966.

4.  On 5 January 1967, the applicant requested a temporary deferment of his scheduled 15 April 1967 deployment.  His request was approved on 20 January 1967 and he was directed to remain with his unit of assignment until it deployed.

5.  On 24 April 1967, Headquarters, 12th Support Brigade, Fort Bragg, published Special Orders Number 97, directing the applicant's attachment to the 47th Engineer Company, effective 25 April 1967, pending port call.

6.  On 15 July 1967, Headquarters, 12th Support Brigade, Fort Bragg, published Special Orders Number 166, releasing him from attachment to the 47th Engineer Company and further assigning him to the 92nd Engineer Battalion, with a report date of no later than 31 July 1967.

7.  He ultimately departed Fort Bragg on 21 July 1967 and he arrived in USARPAC on 1 August 1967.  He was assigned to Company B, 92nd Engineer Battalion during his tour in Vietnam.

8.  On 26 November 1967, Headquarters, 92nd Engineer Battalion, published Special Orders Number 216, directing him to report to the 90th Replacement Battalion, Camp Long Binh, Vietnam, with a reporting date to be determined upon receipt of port call.

9.  On 7 January 1968, he was issued port call instructions to depart Vietnam on 14 January 1968 for travel to Travis Air Force Base, CA, for separation outprocessing.
10.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 15 January 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his remaining service obligation.  His DD Form 214 shows the following entries:

	a.  Item 24c (Foreign Service) shows he completed 5 months and 14 days of foreign service and

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16).

11.  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.  It stated that for item 24c, enter the total amount of active duty outside the 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.

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

13.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record does not contain any derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial, or a commander disqualification that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.
15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 92nd Engineer Battalion, the unit was awarded the:

* Meritorious Unit Commendation for service from 1 April to 5 December 1967 based on Department of the Army General Orders (DAGO) Number 48, dated 1968
* A second Meritorious Unit Commendation for service from 1 January 1968 to 30 June 1969 based on DAGO Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 3 August 1967 to 9 February 1970 based on DAGO Number 43, dated 1970.

16.  Army Regulation 600-8-22 (Military Awards), 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 Vietnam Counteroffensive, Phase III, campaign from 1 June 1967 to 29 January 1968.

17.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service, he served in Vietnam for a period of 5 months and 14 days from 1 August 1967 to 14 January 1968.  Item 24c of his DD Form 214 does not indicate the last overseas theater as required.  Therefore, item 24c of his DD Form 214 should be corrected to show the entry "USARPAC." Additionally, although his period of foreign service is already shown in item 24c of his DD Form 214, 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.

2.  His records show he was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign during his service in Vietnam.  Therefore, he is also entitled to one bronze service star for wear on his already-awarded with the Vietnam Service Medal.

3.  General orders awarded his unit of assignment two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence of record confirms he honorably served during the period 26 January 1966 through 15 January 1968.  He attained the rank/grade of SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  His record is void of any derogatory information or a commander's disqualification that would have disqualified him from the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his
DD Form 214 to show this award.

5.  With respect to the Republic of Vietnam Campaign Medal, the evidence of record shows he completed 5 months and 14 days of service in Vietnam.  Since this period is less than the required 6 months, he is not eligible for this medal.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for exemplary behavior, efficiency, and fidelity during the period 26 January 1966 through 15 January 1968;

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation (2 awards), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  adding to item 30 of his DD Form 214 the entry:  "Service in Vietnam: 19670801 - 19680114."

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 adding the Republic of Vietnam Campaign Medal to item 24 of his DD Form 214.



      ___________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)                                         AR20100015332



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ABCMR Record of Proceedings (cont)                                         AR20100015332



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