IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020581 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam, all awards and decorations he earned during his Army service, and his correct date of birth (DOB).  He also requests copies of his medical records.

2.  The applicant states, in effect, he was separated on temporary records.  He has never received a corrected DD Form 214, medical records, or some of his medals.  

3.  The applicant provides copies of his DD Form 214 and birth certificate.

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 has not requested correction of his service medical records, nor are they available in his official military personnel file.  This Record of Proceedings will not further address this portion of his request.  

3.  He was inducted into the Army of the United States on 21 August 1969 and relieved from active duty on 16 August 1971 after completing 1 year, 11 months, and 26 days of active military service.

4.  A DD Form 47 (Record of Induction) shows 29 May 1949 in item 5 (DOB).

5.  His DD Form 214 shows in:

* Item 9 (DOB) 22 May 1949
* item 22c (Foreign and/or Sea Service) the entries "USARPAC" and "NA"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal (NDSM) and Silver Star
* item 30 (Remarks) the entries "VN SERVICE:  NVAL" and "EM SEPARATED FROM SERVICE ON TEMPORARY RECORDS & SOLIDIER'S AFFIDAVIT"

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 6 (DOB) 29 May 1949
* item 31 (Foreign Service) he served in:

* Germany from 18 February through 23 July 1970 (5 months and 6 days)
* Vietnam from 9 September 1970 through 13 August 1971 (11 months and 5 days)

* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* the 512th Transportation Company from 19 to 23 September 1970
* the 545th Transportation Company from 24 September 1970 to 20 June 1971
* the 88th Transportation Company from 21 June to 13 August 1971

* item 38 he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) he received the NDSM, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal (VCM) with Device (1960) 
7.  The record is void of documentation showing he was subject to disciplinary action during his Army service.  

8.  A PC Form 52 (Information for Temporary Service Record), dated 14 August 1971, shows a clerk at the U.S. Army Personnel Center, Fort Lewis, WA, verified his personal information in a telephone conversation with a staff member at Fort Benjamin Harrison, IN.  The entry for DOB shows 22 May 1949.  The form does not show the source document for the DOB.

9.  The birth certificate he provides shows his DOB is 29 May 1949.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22 (Military Awards) states the VSM 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.  

	a.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  

	b.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincided with two campaigns:  Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971).

12.  Army Regulation 600-8-22 states the VCM 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.
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 8th Transportation Group and its subordinate units—including the 512th Transportation Company, 545th Transportation Company, and 88th Transportation Company—were cited for award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation for the period 23 October 1966 to 24 April 1971 by Department for the Army General Order 24, dated 1972.  

14.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

16.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated 

* item 9 is self-explanatory
* for item 22c enter total active duty outside the continental United States (CONUS) for the period covered by the DD Form 214 and the last oversea theater in which service was performed
* for item 24 enter all decorations, service medals, campaign credits, and badges awarded or authorized
* for item 30 enter inclusive dates of service in Vietnam during the current period of service

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his DD Form 214 to show his service in Vietnam and additional awards and decorations and to correct his DOB.

2.  At induction, his DOB was recorded as 29 May 1949.  This DOB is shown elsewhere in his records and on his birth certificate.  The DD Form 214 and a form completed at Fort Lewis based on a telephone conversation with staff at Fort Benjamin Harrison are the only documents bearing the DOB 22 May 1949, which is clearly an error.  Therefore, he is entitled to correction of his DD Form 214 to show his DOB is 29 May 1949.  

3.  The regulation in effect at the time required entry of total active duty outside CONUS in item 22c of the DD Form 214.  His total foreign service is:

			  5 months 	  6 days (Germany)
		+	11 months 	  5 days (Vietnam)
	1 year	  4 months	11 days

Therefore, he is entitled to correction of item 22c of his DD Form 214 to show 1 year, 4 months, and 11 days.  

4.  The regulation in effect at the time required entry of inclusive dates of service in Vietnam in item 30 of the DD Form 214.  Therefore, he is entitled to correction of item 30 of his DD Form 214 to show the inclusive dates of his service in Vietnam.  

5.  He served honorably during the period 21 August 1969 through 16 August 1971 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  Therefore, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  

6.  He served in Vietnam during the period of eligibility for award of the VSM and served during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with two bronze service stars.  

7.  His service meets the criteria for award of the VCM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  The applicant served in subordinate units of the 8th Transportation Group during a period for which the group and its subordinate units were cited for the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation.  Therefore, he is entitled to correction of his record to show award of the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation.  

9.  The applicant served in a subordinate unit of USARV during the period cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record 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:

	a.  awarding him the AGCM (1st Award) for the period 21 August 1969 through 16 August 1971 and

	b.  making the following corrections to his DD Form 214: 

		(1)  deleting from:

* item 9 - 22 May 49
* item 22c - NA
* item 30 - VN SERVICE:  NVAL

		(2)  adding to:

* item 9 - 29 May 1949
* item 22c - 1 year, 4 months, 11 days
* item 24:

* AGCM (1st Award)
* VSM with two bronze service stars
* VCM
* Republic of Vietnam Gallantry Cross with Gold Star Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* item 30 - Service in Vietnam:  9 September 1970 through 13 August 1971 
      
      
      
      _______ _   _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)                                         AR20100020581





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ABCMR Record of Proceedings (cont)                                         AR20100020581



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