IN THE CASE OF:	  .

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011597 


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 Vietnam
* award of the Republic of Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal
* his name as "C___DE B____ B____" instead of "C___DIE B____, JR."

2.  He states he cannot apply for Vietnam Era veterans' benefits, an identification card, and treatment for Agent Orange exposure without these corrections to his record.

3.  He provides his DD Form 214, birth certificate, and driver's license.

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 8 November 1966.  His DD Form 47 (Record of Induction) shows his name as "C___DIE B____, JR."  He was promoted to specialist four (SP4)/E-4 on 31 May 1968.  

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

* item 1 (Name (Last, First, Middle Initial) and Service Number), his name as "C___DIE B____, JR."
* item 31 (Foreign Service), he served in Vietnam from 1 January to 26 October 1968
* item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Battery, 23rd Artillery Group, on 3 January 1968 in the U.S. Army Pacific (USARPAC) (Vietnam)
* item 38, he received "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations), award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and Army Good Conduct Medal
* item 47 (Signature of Individual (Name, Grade and Date)), he signed his name as "C___DIE B____, JR."

4.  The documents in his military personnel records consistently show his name as "C___DIE B____, JR." throughout his tenure on active duty.

5.  He was honorably released from active duty on 28 October 1968 in the rank/pay grade of SP4/E-4.  He completed 1 year, 11 months, and 21 days of active military service with no lost time.

6.  His DD Form 214 shows in:

* item 1 (Last Name – First Name – Middle Name)), his name as "C___DIE B____, JR."
* item 22c (Foreign Service), he completed 9 months and 28 days of foreign service [the last overseas theater is not indicated]
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the National Defense Service Medal

7.  He provides a copy of his birth certificate and driver's license which both show his name as "C___DE B____ B____."

8.  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.  The version in effect at the time stated that for enlisted personnel, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., "USARPAC."

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

		(1)  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

		(2)  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

10.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 unit to which the applicant was assigned was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 January 1968 to 31 January 1969 by Department of the Army General Orders Number 36, dated 1970, and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 22 March 1966 to 15 January 1971 by Department of the Army General Orders Number 51, dated 1971.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, 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 the 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.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he served in Vietnam from 1 January to 26 October 1968.  His DD Form 214 reflects 9 months and 28 days of foreign service in item 22c.  However, the last overseas theater he performed this service is not indicated.  Therefore, it would be appropriate to correct item 22c of his DD Form 214 to show the entry "USARV" for U.S. Army Vietnam and to amend item 30 (Remarks) to show the entry “Vietnam Service:  1 January 1968 to 26 October 1968.”

2.  The evidence of record shows he served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 8 November 1966 through 28 October 1968.  He was advanced to SP4/E-4 and he received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be amended to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

7.  Although the applicant appears to be currently using the name shown on his birth certificate and driver's license, he used the name "C___DIE B____, JR." while on active duty.

8.  The applicant is advised that a copy of this decisional document which confirms his current name will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name in his military record and to satisfy his desire to have his correct name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 November 1966 through 28 October 1968;

	b.  amending item 22c of his DD Form 214 to include the entry "USARV";

	c.  amending item 30 of his DD Form 214 to include the entry “Vietnam Service:  1 January 1968 to 26 October 1968.”

   d.  amending item 24 to add award of the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his records to show his name as "C___DE B____ B____."



      _____________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)                                         AR20110011597



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ABCMR Record of Proceedings (cont)                                         AR20110011597



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