BOARD DATE:	  17 April 2012 

		DOCKET NUMBER:  AR20110019245 


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 and also all of his authorized awards and decorations.

2.  The applicant states he deployed to Vietnam with the 82nd Division Artillery in February 1968; however, his DD Form 214 does not show he served in Vietnam or all of his awards.

3.  The applicant provides, in support of his request, a copy of 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 was inducted in the Army of the United States on 9 June 1966.  He was awarded military occupational specialty 13A (Field Artillery, Basic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 14 February through 16 May 1968;

	b.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 on 30 November 1967;

	c.  item 38 (Record of Assignments):

	 	(1)  Battery B, 2nd Battalion (Airborne), 321st Artillery, U.S. Army Pacific (USARPAC), effective 14 February 1968;

	 	(2)  he received "excellent" conduct and efficiency ratings throughout his military service;

	d.  item 39 (Campaigns):  no entry (is blank); and

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Headquarters, Fort Polk, Louisiana, Special Orders Number 192, dated
26 July 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Special Orders Number 285, dated 15 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  A DD Form 214 shows the applicant entered active duty on 9 June 1966, was honorably released from active duty on 27 May 1968, and transferred to the
U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  It also shows in:


	a.  item 22 (Statement of Service):

	 	(1)  block a (Creditable for Basic Pay Purposes), line 1 (Net Service This Period): 1 year, 11 months, and 16 days of active service;

	 	(2)  block c (Foreign and/or Sea Service):  "USARPAC; 0 years, 3 months, and 2 days"; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Parachutist Badge
* National Defense Service Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between
1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

8.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

9.  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.

10.  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 one or more days with an organization participating in or directly supporting military operations.  It also 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 14 February to 16 May 1968, participation credit was awarded for the following campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  This pamphlet shows that at the time of the applicant's assignment to Battery B, 2nd Battalion (Airborne), 321st Artillery, the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March to 4 October 1968 by Department of the Army General Orders Number 48 (1971).
	
	b.  Paragraph 6d shows that Department of the Army General Orders 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  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 22, block c:  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.

DISCUSSION AND CONCLUSIONS:

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

2.  Records show the applicant served in Vietnam (USARPAC) for a period of
3 months and 2 days (from 14 February through 16 May 1968) and this service is recorded in item 22, block c of his DD Form 214.  Thus, no action is required to correct the applicant's DD Form 214.

3.  The evidence of record shows:

	a.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to award of the Vietnam Service Medal with two bronze service stars; and

	c.  general orders awarded the applicant's unit the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal for the period 9 June 1966 through 27 May 1968.

	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 promoted to SP4/E-4 with less than 18 months of active service.

	c.  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.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x__  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period
9 June 1966 to 27 May 1968 (Standard Name Line of order should include:  SP4, Battery B, 2nd Battalion (Airborne), 321st Artillery, U.S. Army Pacific); and

   b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar


2.  The Board further determined that 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 adding additional information concerning his service in Vietnam.




      _______ _   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)                                         AR20110019245



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019245



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1