IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110009642 


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 he served in the Republic of Vietnam (RVN).

2.  He states that soon after his arrival in the RVN his father passed away and he was sent home on emergency leave.  After the emergency leave he was transferred to Fort Lewis, WA, because he was within 60 days of his expiration of term of service.

3.  He provides his DD Form 214.

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 was inducted into the Army of the United States on 17 March 1964.  He was honorably released from active duty on 18 February 1966.  He was credited with 1 year, 11 months, and 2 days of total active service.

3.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 11 days of service in the U.S. Army Pacific (USARPAC).  Item 32 (Remarks) of the same form does not list his service in the RVN.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows "None."

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) contained in his official military personnel file shows he served in USARPAC (Vietnam) from 23 December 1965 through 3 January 1966.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows while in the RVN, he served with Company B, 1st Medical Battalion.

7.  His DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his military service and there are no records of disciplinary infractions contained in his file.

8.  Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  Section III instructed the preparer to enter the total period 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 where service was performed, e.g., "USARPAC," in item 22c.  Also, enter inclusive dates of service in item 32, e.g., "Vietnam – 25 April 1970 to 28 May 1971."

9.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal (VSM).  This 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:
* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

11.  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 Medical Battalion, to which the applicant was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

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

13.  Army Regulation 672-5-1 also states that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974, inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 23 December 1965 through 3 January 1966.  Therefore, he is entitled to correction of his DD Form 214 to show his RVN period of service.

2.  He served a period of qualifying service for entitlement to the VSM.  He also participated in two campaigns during his service in the RVN.  Therefore, he is entitled to the VSM with two bronze service stars and correction of his DD Form 214 to show this award.

3.  The evidence of record also shows his unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 17 March 1964 to 18 February 1966 and to correction of his records to show this award.

5.  He honorably served during a qualifying period for award of the NDSM.  Therefore, he is entitled to the NDSM and to have his DD Form 214 corrected to show this award.

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 AGCM (1st Award) for the period 17 March 1964 through 18 February 1966;

	b.  adding the following awards to item 26 of his DD Form 214:

* AGCM (1st Award)
* NDSM
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

	c.  adding to item 32 of his DD Form 214 the entry "Vietnam – 23 December 1965 to 3 January 1966."



      _____________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)                                         AR20110009642



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ABCMR Record of Proceedings (cont)                                         AR20110009642



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