IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20100029432 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his tour of service in the Republic of Vietnam.

2.  The applicant states he served in the Republic of Vietnam from 13 January 1968 to an unknown date in March 1969.

3.  The applicant provides copy of his DD Form 214 effective 8 February 1969.

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 record shows he was inducted into the Army of the United States on 5 July 1967.  The highest rank and pay grade held was sergeant/E-5 (temporary).  His DA Form 20 (Enlisted Qualification Record) is not available.

3.  The record shows that he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period February 1968 to February 1969, while assigned to Company B, 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division.

4.  General Orders Number 6231, issued by Headquarters, 25th Infantry Division, dated 5 September 1968, awarded him the Purple Heart with First Oak Leaf Cluster for wounds received in connection with military operations against a hostile force on 2 September 1968.

5.  On 8 February 1969, the applicant was honorably released from active duty.  The DD Form 214 he was issued shows he completed a total of 1 year, 7 months, and 4 days of creditable active service with no lost time.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year and 2 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Bronze Star Medal
* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Soldier's Medal
* Purple Heart

7.  His official military personnel file is also void of any derogatory information or a statement from his unit commander disqualifying him from receiving the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Awards) 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

9.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  

   b.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his tours in Vietnam participation credit was awarded for the following four campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's Republic of Vietnam tour, his unit, the 1st Battalion, 5th Infantry, earned the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  At the time, it stated the following will be entered in the items indicated:

   a.  item 22c includes the total active duty service outside the continental limits for the period covered by the DD Form 214 and the last overseas theater in which service was performed;

   b.  item 24 includes all decorations, service medals, campaign credit, and badges awarded, or authorized; and

   c.  item 30 (Remarks) includes the inclusive dates of service in Vietnam.



DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms that during his period of active service he served in the Republic of Vietnam from February 1968 to February 1969, and his DD Form 214 shows he completed 1 year and 2 days of foreign service but does not indicate the last oversea theater in which service was performed.  Therefore, item 22c of his DD Form 214 should be corrected to show United States Army Pacific (USARPAC).

2.  Regulatory guidance, in effect at the time, required that item 30 of the DD Form 214 show the inclusive dates of service in Vietnam.  His exact dates are not available.  However, the available evidence shows he served from February 1968 to February 1969 for a total of 1 year and 2 days.  It would be appropriate to correct item 30 to show the entry "VIETNAM:  1 Feb 68-3 Feb 69."

3.  General orders awarded him the Purple Heart with First Oak Leaf Cluster.  His DD Form 214 should be corrected to show this award.

4.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by attaining the rank of sergeant (temporary) and receiving personal decorations for valor and meritorious service.  Although his DA Form 20 is not available it would be appropriate to award him the AGCM for this qualifying period of honorable active service and to add this award to his DD Form 214 at this time.

5.  Based on the applicant's service in the Republic of Vietnam, he is also entitled to wear the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.  Accordingly, it would be appropriate to add all of these awards to his DD Form 214.

6.  The evidence of record shows he served in the Republic of Vietnam from February 1968 to February 1969 during four campaigns; therefore, he served a qualifying period for award of the Vietnam Service Medal with four bronze service stars and he is entitled to correction of his DD Form 214 to show this award.

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



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 by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 July 1967 through 8 February 1969; 

	b.  adding to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Purple Heart with First Oak Leaf Cluster
* Presidential Unit Citation
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation

c.  adding the following entries to his DD Form 214:

* item 22c – "USARPAC"
* item 30 – "VIETNAM:  1 Feb 68-3 Feb 69"



      _____________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)                                         AR20100029432



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ABCMR Record of Proceedings (cont)                                         AR20100029432



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