BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110015420 


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 that his records be corrected to show he was "boots on the ground" in Vietnam.

2.  The applicant states he is having problems at the Department of Veterans Affairs (VA) because his DD Form 214 (Report of Transfer or Discharge) does not show his service in Vietnam.

3.  While the applicant does not specify what correction is being requested, in light of incomplete entries on the DD Form 214 at item 22c (Foreign Service) and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) it is reasonable to assume that the applicant is requesting correction of these entries.

4.  The applicant provides copies of his DD Form 214, a VA rating decision, and two Certificates of Achievement.

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 on 11 July 1967 and entered active duty in the Army of the United States on 16 May 1968, completed training, and was awarded the military occupational specialty 72B (Communications Center Specialist).

3.  On 4 November 1969, the applicant received a unit promotion to sergeant 
(E-5).

4.  The record contains orders for award of two Army Commendation Medals, Expert Marksmanship Qualification Badge with Rifle Bar with both the M-14 and M-16 rifles, and a Certificate of Achievement. 

5.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

6.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  separation as a specialist four (E-4);

	b.  service in Vietnam from 24 October to 1968 through 17 December 1969 (1 year, 1 month, 24 days) with the 596th Signal Company;

	c.  his recorded conduct and efficiency ratings are excellent;

	d.  service during two campaign periods; and

	e.  award of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal with one Oak Leaf Cluster.

7.  His DD Form 214 shows:

	a.  release from active duty on 18 December 1969 as a specialist four (E-4);

	b.  he had 1 year, 7 months and 3 days of creditable service with no lost time;

	c.  at item 22c (Foreign Service) "NVAL"; and
	d.  award of the National Defense Service Medal and "NVAL".

8.  Army Regulation 600-8-22 states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following five campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 596th Signal Company, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the applicant.

11.  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 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  .

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states:
	a.  that all awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  Each entry will be verified by the Soldier's records and abbreviations are not to be used; and 

	b.   the total amount of foreign service completed during the period covered in the appropriate block with a notation of the country or command of the foreign service being noted.  Currently the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" is to be entered in the Remarks block. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 24 October to 1968 through 17 December 1969 (1 year, 1 month, and 24 days); however, his DD Form 214 does not reflect this service.  

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 16 May 1968 through 18 December 1969.

3.  The applicant's entitlement and or award of the Army Commendation Medal with one Oak Leaf Cluster, Meritorious Unit Commendation, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M -14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M -16) were omitted from his DD Form 214.  

4.  Further, the one award shown on the DD Form 214 inappropriately uses abbreviations.  

5.  The applicant served in Vietnam during five campaign periods and is authorized to wear a silver service star, in lieu of five bronze service stars, on his already awarded Vietnam Service Medal.

6.  Based on the above facts and findings, it is appropriate to correct the applicant's DD Form 214 by:

	a.  deleting all entries at items 22c and 24;

	b.  adding at item 22c, 1 year, 1 month, and 24 days;
	c.  adding, at item 24, the Army Commendation Medal with one Oak Leaf Cluster, Meritorious Unit Commendation, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14);and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and 

	d.  entering the following statement at item 30 (Remarks), "SERVICE IN VIETNAM FROM 19681024 - 19691217."

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 correcting the applicant's DD Form 214 as follows:

	a.  deleting all entries at items 22c (Foreign Service) and 24 (Awards);

	b.  adding at item 22c, 1 year, 1 month, and 24 days;

	c.  adding at item 24, the Army Commendation Medal with one Oak Leaf Cluster, Meritorious Unit Commendation, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and 



	d.  entering the following statement at item 30 (Remarks), "SERVICE IN VIETNAM FROM 19681024 - 19691217."



      ___________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)                                         AR20110015420





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ABCMR Record of Proceedings (cont)                                         AR20110015420



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