IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009929 


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:

	a.  all awards and decorations to which he may be entitled for his service in Vietnam; and

	b.  his dates of service in Vietnam and Germany shown in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 January 1970 be corrected. 

2.  The applicant states:

* He served in Vietnam and Germany
* His claim for Department of Veterans Affairs benefits might be denied because his DD Form 214 does not show any Vietnam awards
* His dates of service in Vietnam and Germany are incorrect

3.  The applicant provides:

* DD Form 214 for the period ending 20 January 1970
* Certificate for service in Vietnam





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 
10 December 1963.  He served as a personnel specialist in Okinawa from 
24 November 1964 to 10 June 1965.  He arrived in Vietnam on 11 June 1965 and was assigned to Company A (Administration), 173rd Support Battalion, 173rd Airborne Brigade.  On 9 December 1965, he was honorably discharged for enlistment in the Regular Army (RA).   

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 10 December 1963 shows the:

* Parachutist Badge
* VSM [Vietnam Service Medal]
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Item 32 (Remarks) of this DD Form 214 does not show any foreign service.

5.  While in Vietnam, he enlisted in the RA on 10 December 1965 for a period of 4 years.  His DA Form 20 (Enlisted Qualification Record) shows he departed Vietnam on 1 August 1966 and he served in Germany from 30 September 1966 to 17 January 1970.  He was honorably discharged on 20 January 1970 in the permanent rank of sergeant after completing a total of 6 years, 1 month, and 
11 days of creditable active service with no lost time.  His DA Form 20 shows he received all “excellent” conduct and efficiency ratings, and there is no derogatory information in his records.



6.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 for the period ending 20 January 1970 shows the entry "SEE 30" and that he completed 
3 years, 11 months, and 10 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the National Defense Service Medal.  

7.  Item 30 of this DD Form 214 shows, among other entries, the entry:

* "ITEM 22C USARPAC [U.S. Army Pacific] 10DEC69 1AUG66
             USAREUR [U.S. Europe] 19JAN70 30SEP66"   

8.  Records show he participated in three campaigns during his assignment in Vietnam. 

9.  Headquarters, 173d Airborne Brigade (Separate) General Orders Number 109, dated 16 December 1965, show he received the first award of the Good Conduct Medal for the period 10 December 1963 to 9 December 1965.    

10.  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 173rd Support Battalion was cited for award of the:

* Meritorious Unit Commendation during the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders (DAGO) 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 51, dated 1971

11.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

12.  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.  



13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Vietnam and participation in three campaigns, he is eligible for the Vietnam Service Medal with three bronze service stars and Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 for the period ending 20 January 1970 should be corrected to show these medals.

2.  His Vietnam unit was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  His DD Form 214 for the period ending 20 January 1970 should be corrected to show these unit awards.

3.  Although orders show he received the first award of the Good Conduct Medal for the period 10 December 1963 to 9 December 1965, he is not authorized this medal for this period since his service did not terminate on 9 December 1965.  He reenlisted on 10 December 1965 and remained on active duty until 
20 January 1970.  Therefore, these orders should be voided.  

4.  He was discharged in the permanent rank of sergeant after completing           6 years, 1 month, and 11 days of honorable active service with no time lost.  He had all “excellent” conduct and efficiency ratings, and there is no derogatory information in his records.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 10 December 1963 through 9 December 1966 


and he met the eligibility criteria for the second award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 10 December 1966 through 9 December 1969.  His DD Form 214 for the period ending 
20 January 1970 should be corrected to show the Army Good Conduct Medal (2nd Award).

5.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his release from active duty.   Evidence of record shows he served in Vietnam from 11 June 1965 to 1 August 1966 and he served in Germany from 30 September 1966 to 17 January 1970.  
Item 30 of his DD Form 214 for the period ending 20 January 1970 incorrectly shows his dates of service in Vietnam and Germany.  Therefore, the entries on his DA Form 20 which show he served in Vietnam during his last enlistment from 10 December 1965 to 1 August 1966 and in Germany from 30 September 1966 to 17 January 1970 are accepted as sufficient evidence on which to amend item 30 of this DD Form 214.  Also, as an exception to policy, his dates of service in Vietnam during his first period of service (11 June 1965 to 9 December 1965) should be shown on his DD Form 214 for the period ending 9 December 1965.  
 
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.  voiding Headquarters, 173d Airborne Brigade (Separate) General Orders Number 109, dated 16 December 1965;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
10 December 1963 through 9 December 1966;

	c.  awarding him the Army Good Conduct Medal (2nd Award) for the period 10 December 1966 through 9 December 1969; 

	d.  adding the entry "Service in Vietnam:  11 June 1965 to 9 December 1965" to item 32 of his DD Form 214 for the period ending 9 December 1965;   
	e.  adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (2nd Award) to item 24 of his DD Form 214 for the period ending 20 January 1970; and

	f.  deleting the entry in item 30 pertaining to his dates of service in Vietnam and Germany and adding the entry:  "ITEM 22C USARPAC 10DEC65 - 1AUG66 and USAREUR 30SEP66 - 17JAN70."   




      __________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)                                         AR20110009929



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ABCMR Record of Proceedings (cont)                                         AR20110009929



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