IN THE CASE OF:	  

		BOARD DATE:	  21 February 2012

		DOCKET NUMBER:  AR20110016504 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam and his authorized awards and decorations.

2.  The applicant states he served in Vietnam from June 1969 to March 1970 and he was awarded the Army Commendation Medal.  Correction of his separation document will allow him to apply for veterans' benefits.

3.  The applicant provides copies of 10 DA Forms 2139-1 (Military Pay Voucher) and his Army Commendation Medal orders.

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 enlisted in the Regular Army on 12 September 1968 for a period of 3 years.  He was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  The applicant's military personnel records do not contain a DA Form 20 (Enlisted Qualification Record).

4.  Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, Georgia, Special Orders Number 99, dated 22 April 1969, assigned the applicant to the U.S. Army Overseas Replacement Station, Fort Lewis, Washington, for further assignment to the U.S. Army Vietnam Transient Detachment with a port call date of 17 May 1969.

5.  Headquarters, Americal Division, Vietnam, General Orders Number 454, dated 12 January 1970, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam from May 1969 to February 1970.

6.  Headquarters, 2nd Infantry Division, Eighth U.S. Army, Korea, Special Orders Number 198, dated 17 July 1971, reassigned the applicant from Headquarters and Company A, 2nd Medical Battalion, to the Separation Transfer Station, U.S. Army Personnel Center, Fort Lewis, with a reporting date of 5 September 1971.

7.  A U.S. Air Force Personnel Center Form 78 (Separation Interview Record) shows the applicant was separated on temporary records.  It also shows his last permanent duty station was in Korea and he departed the overseas command [U.S. Army Pacific (USARPAC)] on 5 September 1971.

8.  The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 8 September 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He completed 2 years, 11 months, and 27 days of active service.

	a.  Item 22c (Foreign and/or Sea Service) shows "NVAL" [not available].

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows "NDSM" [National Defense Service Medal].

	c.  Item 30 (Remarks) shows, in part:

* "VN [Vietnam] Service:  None"
* "EM [enlisted member] separated from service on temporary records and Soldier's affidavit"

9.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 October 1989, shows the Adjutant General, U.S. Army Reserve Personnel Center, St. Louis, Missouri, verified the applicant was authorized award of the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

10.  In support of his application, the applicant provides 10 military pay vouchers covering the period 1 June 1969 through 31 March 1970 that show he was assigned to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade, Vietnam, during the entire period.  The March 1971 pay voucher also shows his pay grade as E-4.

11.  The applicant was promoted to sergeant (SGT)/pay grade E-5 in 1971 sometime between 1 April and 17 July 1971.

12.  A review of the applicant's military personnel records failed to reveal any adverse information.  However, it did reveal he was authorized the Army Good Conduct Medal (1st Award) on 20 October 1989.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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 and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam from 17 May 1969 to 31 March 1970, participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

	c.  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.

	d.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  Qualifying service for this award includes designated U.S. military operations of assistance to a friendly foreign nation.  The Armed Forces Expeditionary Medal is authorized for service in Korea during the period 1 October 1966 through 31 June 1974.

	e.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 42 (1972).

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents and established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214.  It states all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.

	a.  For item 22c:  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., "Foreign and/or Sea Service (USARPAC)").

	b.  For item 24:  enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein.

	c.  For item 30:  the "Remarks" section will be used to complete entries too long for their respective items.  Effective 15 March 1972, Indochina and Korea service on or after 5 August 1964 will be shown by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his overseas service in Vietnam and his authorized awards and decorations.

2.  The evidence of record shows the applicant served in Vietnam (USARPAC) from 17 May 1969 through 31 March 1970 and in Korea (USARPAC) from 1 April 1970 through 5 September 1971.

3.  A calculation of the applicant's periods of overseas service shows:

	1970  03  31	date departed Vietnam for Korea
	- 1969  05  17	date departed United States for Vietnam
	=     00  10  14
	+                   1	inclusive day
	=     00  10  15	overseas service in Vietnam

	1971  09  05	date departed Korea for United States
	- 1970  04  01	date arrived in Korea
	=    01  05  04
	+                   1	inclusive day
	01  05  05	overseas service in Korea

	00  10  15	overseas service in Vietnam
	+ 01  05  05	overseas service in Korea
	= 02  03  20	total overseas service

4.  Although the effective date for showing a member's overseas service in the "Remarks" section of the DD Form 214 was effective approximately 6 months after the applicant was REFRAD, it would be appropriate to show his overseas service in this case.

5.  General orders awarded the applicant the Army Commendation Medal.

6.  The evidence of record shows the applicant qualified for the following awards:

* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal for the period 12 September 1968 through 8 September 1971.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam.

	c.  He was promoted to SGT/E-5.

	d.  The Adjutant General, U.S. Army Reserve Personnel Center, authorized issuance of the Army Good Conduct Medal to the applicant on 20 October 1989.

	e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal at this time.

9.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in Vietnam and Korea and his awards and decorations as recommended below.

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.  deleting the entry "NVAL" from item 22c of his DD Form 214 and replacing it with the entry "USARPAC" and "2  3  20" (years, months, days);

	b.  deleting the "NDSM" from item 24 of his DD Form 214 and adding awards of the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Vietnam Service Medal with three bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



	c.  deleting the entry "VN Service:  None" from item 30 of his DD Form 214 and adding the entries "Vietnam – 17 May 1969-31 March 1970" and "Indochina – Yes, Korea – Yes."



      _____________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)                                         AR20110016504



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ABCMR Record of Proceedings (cont)                                         AR20110016504



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