IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100021001 


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 reflect his Vietnam service.

2.  The applicant states he served in Vietnam from January 1962 to December 1962; however, his DD Form 214 does not list his Vietnam service.

3.  The applicant provides:

* his DD Form 214
* a Department of Defense Immunization Certificate
* a DA Form 1577 (Authorization and Issuance of Awards)

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 enlisted in the Regular Army on 23 February 1961 for a period of 3 years.  He held military occupational specialty 056.20 (Direction Finding Operator).

3.  His records also show he served overseas as follows:

* Vietnam from 11 January 1962 to 15 December 1962 while assigned to the 3rd RRU (Radio Research Unit), also known as the Army Security Agency
* Puerto Rico from 9 April 1963 to 12 February 1964 while assigned to the U.S. Army Southern Command

4.  He was honorably released from active duty on 13 February 1964 in the rank/grade of specialist five (SP5)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 21 days of total active service.  This form also shows in:

	a.  Item 22c (Foreign and/or Sea Service) he completed 1 year, 9 months, and 10 days of foreign service with a listing of Puerto Rico as the last overseas theater and 

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) the Armed Forces Expeditionary Medal [for service in Vietnam] and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Item 30 (Remarks) does not contain any entry showing his Vietnam service. 

7.  Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.

8.  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.  For Item 22c of the version in effect at the time, enter the total active duty service 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. "USARV" (U.S. Army Vietnam).  Use item 30 for mandatory requirements when a separate block is not available, and as a continuation entry.

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.

10.  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.

11.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from
1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal, established on 8 July 1965 by Executive Order, may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in Vietnam from 11 January 1962 to 15 December 1962.  The governing regulation in effect at the time required an entry of the Soldier's last period of foreign service and the last overseas theater.  The applicant last served overseas in Puerto Rico which is properly listed on his DD Form 214.  Nevertheless, there is no harm to the Army or the Soldier if his service in Vietnam is shown in item 30 of his DD Form 214.

2.  His service on active duty from 23 February 1961 through 13 February 1964 qualifies him for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record confirms he served honorably during the period 23 February 1961 through 13 February 1964.  He attained the rank/grade of SP5/E-5 and he received all "excellent" conduct and efficiency ratings throughout his period of 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 award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

4.  The applicant served a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  Upon request, the applicant is authorized the Vietnam Service Medal in lieu of his already-awarded Armed Forces Expeditionary Medal.  Therefore, if that is his desire he may apply to this Board for consideration.

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 the period 23 February 1961 through 13 February 1964;

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960); and

	c.  adding to item 30 of his DD Form 214 the entry "Vietnam Service: 19620111 to 19621215."



      ____________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)                                         AR20100021001



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ABCMR Record of Proceedings (cont)                                         AR20100021001



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