BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100030341 


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 document his foreign service in Vietnam from 7 June 1965 through 6 June 1966.

2.  The applicant states his DD Form 214 does not reflect his service in Vietnam or any awards earned for that foreign service.

3.  The applicant provides a copy of page 2 and 3 of his DA Form 20 (Enlisted Qualification Record).

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 24 February 1964.  He was trained in and awarded military occupational specialty (MOS) 94B (Cook).

3.  His DA Form 20 shows he served in Okinawa from 11 May to 6 June 1965 and in the Republic of Vietnam (RVN) from 7 June 1965 to 6 June 1966.  It also shows he was assigned to Headquarters and Headquarters Company (HHC), 173rd Airborne (Abn) Brigade (Bde) during his RVN tour.

4.  Item 38 of the DA Form 20 shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments.  His record is void of a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  On 23 February 1967, the applicant was honorably released from active duty after completing 3 years of creditable active service.  His DD Form 214 shows in item 22c (Foreign and/or Sea Service) "01 00 26."  

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

* National Defense Service Medal (NDSM)
* Armed Forces Expeditionary Medal (AFEM)
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar
* Overseas Service Bar

7.  Item 30 (Remarks) of the DD Form 214 does not list any deployments.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing the DD Form 214.  Paragraph 2-4h states to enter the total amount of foreign service completed during the period covered by the DD Form 214 in item 22c.  It stipulates that the information entered in item 22c will be obtained from the Enlisted Qualification Record.  Guidance, currently in effect, provides for including the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the "Remarks" portion of the DD Form 214.


9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  Paragraph 2-12 contains guidance on awarding the AFEM.  It states the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  It further indicates that it was authorized for service in the RVN for the period from 1 July 1958 to 3 July 1965, and for evacuation operations from 29 to 30 April 1975.  The Vietnam Service Medal was authorized for service in the RVN for the period after 3 July 1965 through 28 March 1973. No service member may be issued both medals for service in Vietnam.

	b.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

10.  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.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (HHC, 173rd Abn Bde) earned the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should reflect the foreign service he completed in the RVN and all awards earned for this service.

2.  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, he met the regulatory criteria for award of the AGCM (1st Award) for the period 24 February 1964 to 23 February 1967 and the award should be added to his DD Form 214 at this time.

3.  The applicant's DA Form 20 confirms he served in the RVN from 7 June 1965 to 6 June 1966.  This service is not currently reflected in item 30 of his DD Form 214 and should be added at this time.

4.  In addition, based on his service and campaign participation in the RVN, he is also entitled to the MUC, RVN Campaign Medal with Device "1960," and RVN Gallantry Cross with Palm Unit Citation and none of these awards are currently listed on his DD Form 214.  Accordingly, it would be appropriate to add these awards to 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 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 for his qualifying period of honorable service from 24 February 1964 to 23 February 1967;
   
   b.  amending item 24 of his DD Form 214 by adding the following awards:
   
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
   
c.  amending item 30 of his DD Form 214 by adding the entry "SERVICE IN THE REPUBLIC OF VIETNAM FROM 7 JUNE 1965 to 6 JUNE 1966; and

   d.  issuing him a document to show the above corrections.




      _______ _   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)                                         AR20100030341



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ABCMR Record of Proceedings (cont)                                         AR20100030341



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