IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020643 


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 to Item 22c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and in effect awards associated with this service. 

2.  He states Item 22c of his DD Form 214 does not list any foreign service and should show 12 months of service.  He spent time overseas in Vietnam during his military service.  

3.  He provides no additional evidence.

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 military records show he was inducted into the Army of the United States on 24 June 1966.  He completed training and was awarded military occupational specialty 11B, Light Weapons Infantryman.  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 2 December 1966 through 30 November 1967, a period of 11 months and 29 days, during two campaigns.  He was assigned to Company B, 2ns Battalion, 16th Infantry, 1st Infantry Division.

4.  Special Orders Number 288 issued by 1st Infantry Division on 14 November 1967 reassigned him from the Vietnam Return Detachment to the 90th Replacement Battalion, Long Binh, Vietnam, for further assignment to Fort Polk, LA, on 2 December 1967.

5.  He was honorably released from active duty in pay grade E-1 on 23 June 1968 and transferred to the United States Army Reserve Control Group.  He was credited with 2 years of net active service.  Item 22c of his DD Form 214 shows zero credit for foreign service.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated Item 22c would list the total active duty outside continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. U.S. Army Pacific Command (USARPAC).  

8.  Army Regulation 672-5-1 (Awards), then in effect, 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.  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.

9.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 16th Infantry, was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July-16 October 1968, by Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from October 1965-7 April 1970, by Department of Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 2 December 1966 through 30 November 1967, a period of 11 months and 29 days.  He was issued a DD Form 214 showing zero credit for foreign service in Item 22c.  Therefore, he is entitled to correction to Item 22c to show a credit of 11 months and 29 days and USARPAC.  Correction to Item 22c does not require any adjustment to the other blocks in Item 22 (Statement of Service).  

2.  The evidence of record also shows he had "excellent" conduct and efficiency ratings during his period of active service from 1966 to 1968.  He also attained the pay grade of E-4 and served in Vietnam from 2 December 1966 through 30 November 1967.  Based on the foregoing, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 24 June 1966 through 23 June 1968 and correction to his DD Form 214 to show this award.

3.  He participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  General orders entitle his unit to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  showing 11 months and 29 days and USARPAC in Item 22c of the applicant's DD Form 214; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 June 1966 through 23 June 1968;

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

	d.  adding to Item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	e.  providing him a corrected separation document showing these changed.

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 correction Item 22c of his DD Form 214 to show a credit of 12 months of foreign service.



      __________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)                                         AR20100020643



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020643



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1