BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100023463 


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 the Republic of Vietnam (RVN) Campaign Medal and his service in the RVN be documented on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Department of Veterans Affairs informs him his DD Form 214 only shows he served during the Vietnam era and does not reflect that he actually served in the RVN because it does not include the RVN Campaign Medal.

3.  The applicant provides a self-authored statement in support of his application.

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 record shows he enlisted in the Regular Army on 18 April 1963 and was trained in and awarded military occupational specialty (MOS) 96D (Image Interpreter).  It also shows he was promoted to specialist five/E-5 on 1 March 1966 and that this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 June 1965 through 14 April 1966 in item 31 (Foreign Service).  Item 38 (Record of Assignments) shows that during his RVN tour of duty he was assigned to the 172nd Military Intelligence (MI) Detachment performing duties in MOS 96D as an image interpreter.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows the applicant earned the following awards during his active duty tenure:

* Parachutist Badge
* Vietnam Service Medal (VSM)
* overseas service bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  The applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) contains a DA Form 2627 that shows the applicant accepted nonjudicial punishment (NJP) for a minor offense (while in Vietnam, drinking beer in an     off-limits establishment and leaving his jeep unattended) on 19 June 1965.      The MPRJ is void of any other derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

6.  On 15 April 1966, the applicant was honorably released from active duty after completing 2 years, 11 months, and 28 days of active military service.  The DD Form 214 he was issued contains an entry indicating he completed 9 months and 11 days of overseas service in the U.S. Army Pacific (USARPAC) and the list of earned awards in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Parachutist Badge, the Vietnam Service Medal, one overseas service bar, the Expert Marksmanship Qualification Badge (Rifle M-1), and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 lists RVN campaigns and shows participation credit was granted for the Vietnam Defense (8 March-24 December 1965) and Vietnam Counteroffensive Phase I (25 December 1965-30 June 1966) campaigns during the applicant's RVN assignment.

8.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVN Campaign Medal.  It states it is authorized to members who served in the RVN for 6 months between 1 March 1961 and 28 March 1973.  It also states the Device (1960) will be worn with this award.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN his unit (172nd MI Detachment) earned the Meritorious Unit Commendation (MUC) for the period 5 May 1965 through 4 May 1967 which was authorized in Department of the Army General Orders (DAGO) 68, dated 1968.  Paragraph 6d shows that DAGO 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all members who served in the RVN between 8 February 1962 and 28 March 1973.

10.  Army Regulation 672-5-1 (Military Awards) provided the awards policy in effect at the time of the applicant's separation.  It stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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 and there must have been no convictions by a court-martial.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering all service completed outside the continental United States during the period covered by the DD Form 214 and the last theater in which it was performed in item 24c.  Later versions of Army Regulation 635-5 during the 


Vietnam era provided for documenting Vietnam service in the remarks block of the DD Form 214.  The current version of the regulation provides for documenting all deployments in the remarks block and the regulation has always provided for entering information of special significance not covered elsewhere on the form in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention the RVN Campaign Medal should be added to his DD Form 214 and it should reflect he served in the RVN has been carefully considered and is found to have merit.  The evidence of record confirms the applicant served in the RVN from 4 June 1965 through 14 April 1966 and that his unit was awarded the MUC during his tenure of assignment.

2.  The evidence of record confirms that based on the applicant's service and campaign participation in the RVN, he is eligible for the RVN Campaign Medal with Device (1960), MUC, RVN Gallantry Cross with Palm Unit Citation, and two bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.

3.  The record also shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and there is no record of court-martial.  His record contains a DA Form 2627 showing he accepted NJP for a minor offense; however, it is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would also be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 18 April 1963 through      15 April 1966, and by adding this award to his record and DD Form 214.

4.  The regulation governing preparation and distribution of the DD Form 214 in effect at the time provided for entering the total amount of overseas service completed during the period covered by the DD Form 214 and the last theater in which overseas service was performed in item 24c.  Although item 24c properly accounts for the amount of the applicant's overseas service and lists the last theater as USARPAC, given the significance of Vietnam service, it would be appropriate to modify the USARPAC portion of the entry to read "USARPAC-VIETNAM", and to add the entry "VIETNAM SERVICE FROM 19650604-19660414" to item 32 (Remarks) of his DD Form 214.



BOARD VOTE:

___x___  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 as follows:

	a.  awarding him the Army Good Conduct Medal for his qualifying period of  honorable active duty service from 18 April 1963 through 15 April 1966;

	b.  amending item 24c of his DD Form 214 by modifying the USARPAC portion of the entry to read "USARPAC-VIETNAM";

	c.  amending item 26 of his DD Form 214 by adding the Army Good Conduct Medal, RVN Campaign Medal with Device (1960), MUC, RVN Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to the Vietnam Service Medal; and

	d.  amending item 32 of his DD Form 214 by adding the entry "VIETNAM SERVICE FROM 19650604-19660414."



      __________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)                                         AR20100023463



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023463



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1