IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100025108 


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 Vietnam.

2.  The applicant states he served in Vietnam from November 1970 to September 1971 but this service is not reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and copies of various letters with a Vietnam return address.

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.  His records show he was inducted into the Army of the United states on 2 September 1969 and held military occupational specialty 94B (Cook).  He served in Vietnam from on or about 19 November 1970 to on or about 21 September 1971.  He was assigned to the 192nd Aviation Company (Assault Helicopter).

3.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 21 September 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  His DD Form 214 shows he completed 1 year, 11 months, and 23 days of creditable active service.  This form also shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* item 22c (Foreign and/or Overseas Service) - NVAL (Not Valid)
* item 30 (Remarks) shows his service in Vietnam is NVAL

5.  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 contained guidance on the preparation of the DD Form 214.  It stated that for item 22c, enter the total amount of active duty outside the 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), 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.

6.  As a related issue, a review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

8.  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. 

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.

10.  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.

11.  Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Knox, KY, Special Orders Number 107, dated 15 June 1970 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

12.  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 that during his assignment to the 192nd Aviation Company, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 October 1965 to 11 January 1970 by Department of the Army General Orders Number 6, dated 1974.

13.  Appendix B of Army Regulation 600-8-22 shows he participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971) campaigns during his period of service in Vietnam.  Additionally, this regulation 600-8-22 states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 10 months and 3 days of foreign service in the USARPAC (Vietnam) from 19 November 1970 to 21 September 1971 which is not reflected on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

2.  The regulation in effect at the time mandated an entry of the last overseas theater in which the Soldier served - USARPAC in the applicant's case.  However, although his foreign service and last overseas theater are not shown in item 22c of his DD Form 214, there is no harm to the Army or the Soldier if the portion of his foreign service in Vietnam is shown in item 30 of his DD Form 214.

3.  His foreign service in Vietnam from 19 November 1970 to 21 September 1971 qualifies him for awards of the Republic of Vietnam Campaign Medal with "1960" Device and the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is also entitled to two bronze service stars with the Vietnam Service Medal and correction of his records to show these awards.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this unit award.

5.  The evidence of record confirms he served honorably during the period 29 September 1969 through 21 September 1971.  He attained the rank of SP5/
E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award

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

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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 September 1969 through 21 September 1971
* deleting from item 30 of his DD Form 214 the entry "VN SERVICE: NVAL"
* adding to item 30 of his DD Form 214 the entry "RVN SERVICE: 19 November 1970 to 21 September 1971"
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20100025108



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ABCMR Record of Proceedings (cont)                                         AR20100025108



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