BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003016 


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 actual period of service in Vietnam.

2.  He states he served in Vietnam with the 82nd Airborne Division during the first half of 1968.

3.  He provides:

* a self-authored statement
* his DD Form 214
* pages from the Vietnam Veterans Memorial website pertaining to another Soldier who served in Vietnam with the 82nd Airborne Division

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 was inducted into the Army of the United States on 20 May 1966.

3.  Special Orders Number 8, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 9 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in the U.S. Army Pacific (USARPAC) Vietnam from 14 February 1968 through an unspecified date
* item 38 (Record of Assignments) he was assigned to Company B,
1st Battalion, 505th Infantry, 82nd Airborne Division, USARPAC, from 14 February to 9 May 1968 for a period of 2 months and 26 days

5.  Item 38 of his DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

6.  He was honorably released from active duty on 10 May 1968 as an overseas returnee after completing 1 year, 11 months, and 20 days of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) he served in USARPAC for 
2 months and 20 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal and the Parachute Badge
* item 30 (Remarks) no entry documenting his service in Vietnam

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 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, etc.  Furthermore, item 30 (Remarks) is used for Department of the Army mandatory requirements when a separate block is not available and as a continuation entry.

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

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal (VSM) 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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B of the regulation.  His service in Vietnam coincided with two campaign phases:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

13.  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 the 1st Battalion, 505th Infantry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March through
4 October 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971.

14.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

15.  Interim change to Army Regulation 635-5 (Personnel Separations - Separation Documents), dated 15 December 1971, stated to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive date of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam -- 25 Apr 71 thru 28 May 71, Indochina -- Yes, Korea -- No."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 2 months and 26 days of foreign service in the USARPAC (Vietnam) from 14 February through 9 May 1968.  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 shown in item 22c of his DD Form 214, there is no harm to the Army or the Soldier if his foreign service in Vietnam is shown in item 30 of his DD Form 214.

3.  His service in Vietnam meets the criteria for award of the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with two bronze service stars.

4.  He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 20 May 1966 through 10 May 1968 and to correct his DD Form 214 to show this award.

5.  Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

6.  He served in Vietnam during a period for which his unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry 


Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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.  deleting from item 22c of his DD Form 214 the entry "USARPAC  0  2  20" and replacing it with the entry "USARPAC  0  2  26";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 May 1966 through 10 May 1968;

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  adding to item 30 of his DD Form 214 the entry "Vietnam -- 14 Feb 68 thru 9 May 68, Indochina -- Yes, Korea -- No."



      __________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)                                         AR20110003016



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ABCMR Record of Proceedings (cont)                                         AR20110003016



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