IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100017975 


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 service in the Republic of Vietnam.

2.  The applicant states he served in Vietnam from January 1968 to October 1968.

3.  The applicant provides his 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 was inducted into the Army of the United States on 10 October 1966 and held military occupational specialty 13A (Field Artillery Crewman)

3.  His records show he served in Vietnam from on or about 7 January 1968 to on or about 26 September 1968.  He was assigned to B Battery, 2nd Battalion, 40th Artillery.

4.  He was honorably released from active duty on 27 September 1968 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he completed 8 months and 21 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal.

7.  Item 30 of his DD Form 214 does not show any service in Vietnam.

8.  On 10 January 2006, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960). 

9.  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 contains guidance on the preparation of the DD Form 214.  It states item 22c will show 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 (U.S. Army Pacific Command), 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.

10.  A review of his records indicates his entitlement to additional awards which are not shown on his records.

11.  His DA Form 20 (Enlisted Qualification Record) shows Headquarters, U.S. Army Vietnam, General Orders Number 307, dated 25 June 1968, awarded his unit of assignment the Valorous Unit Award.
12.  Special Orders Number 363, issued by Headquarters, 5th Infantry Division, Fort Carson, CO, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 40th Artillery was awarded the following unit awards during its service in Vietnam:

* Meritorious Unit Commendation, for service from 1 January 1967 to 15 February 1968, based on Department of the Army General Orders (DAGO) Number  5, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 31 January to 19 February 1968, based on DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, fro service from 12 December 1966 to 31 August 1970, based on DAGO Number 51, dated 1971

14.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his records reveal no derogatory information in his service record.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should show his Vietnam service. 

2.  With respect to his foreign service, he served in the USARPAC theater for a period of 8 months and 21 days from on or about 8 January 1968 to on or about 26 September 1968.  Since his last overseas/foreign service theater was in USARPAC, he is entitled to correction of item 22c of his DD Form 214 to show this foreign service theater. 

3.  At the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 of his DD Form 214.  

4.  General orders awarded his unit of assignment the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  The evidence of record confirms he served honorably during the period 10 October 1966 through 27 September 1968.  He attained the rank/grade of SP4/E-4, served in Vietnam, and he received all "excellent" conduct and efficiency ratings throughout his period of military service.  Additionally, 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.

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:

* Adding to item 22c of his DD Form 214 the entry "USARPAC" 
* Adding to item 30 of his DD Form 214 the entry  "Vietnam Service 8 January 1968 - 26 September 1968" 
* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 October 1966 through 27 September 1968
* Adding to item 24 of his DD Form 214 the following awards:

* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20100017975



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