IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110022105 


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 blocks 7a (Race), 24c (Foreign and/or Sea Service), 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), and 32 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states block 7a should contain the entry "CAU" (Caucasian), block 24c should show his overseas service was in Vietnam, block 26 should include the Republic of Vietnam (RVN) Campaign Medal, and block 32 should show he only used 18 days of leave regarding a lump sum leave payment of 0 days.

3.  The applicant provides the following documents:

* self-authored statement
* leave and earnings statement (LES) for October 1964
* Standard Form 89 (Report of Medical History)
* DA Form 31 (Request and Authority for Leave)

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 record shows the applicant was inducted into the Army of the United States on 31 October 1963.  He held and served in military occupational specialty 02C (Baritone Player) and specialist four/E-4 is the highest grade he attained while serving on active duty.

3.  Section 2 (Chronological Record of Military Service) of the applicant's DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings in all of his active duty assignments and he served with Headquarters and Headquarters Company (HHC), Support Command and Band, 1st Cavalry Division, in the RVN.  Section 5 (Service Outside Continental United States) shows he served in the RVN from 17 August through 12 October 1965.  Section 9 (Medals, Decorations, and Citations) does not include RVN service awards.

4.  The applicant's record is void of leave or pay records documenting the leave he used or was paid for while serving on active duty.

5.  On 13 October 1965, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 11 months, and 13 days of active military service.  The record is void of leave/pay records on 12 October 1965.  The DD Form 214 issued to the applicant upon his REFRAD contains the entry "NA" in block 7a.  Block 24c lists "USARPAC" (U.S. Army Pacific) as the last major command in which the applicant performed overseas service.  Block 26 lists only the Marksman Marksmanship Qualification Badge with Rifle Bar and block 32 contains the entry "Lump Sum Payment Made for 00 days Accrued Leave."

6.  The applicant provides his LES for October 1964; however, he does not provide his final LES or pay documents prepared at the time of his separation processing in October 1965.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge provided the following instructions for the entries in question:

	a.  Block 7a – enter "NA";

	b.  Block 24c – enter the total active duty outside 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;

	c.  Block 26 – enter decorations, etc., awarded or authorized during the period covered by the DD Form 214 from Section 9 of the DA Form 24; and

	d.  Block 32 – an entry will be made indicating the individual was or was not paid for accrued leave.  The DA Form 481 (Military Leave Record) in the financial data records folder contained the number of days of accrued leave and was the source record for these entries.  Later versions of the regulation provided for an entry documenting RVN service in the remarks section of the DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army awards policy.  Paragraph 2-13 prescribes guidance for the Vietnam Service Medal (VSM) and states it is authorized for Vietnam service after 3 July 1965 through 28 March 1973.  It further states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Defense Campaign for the period 8 March through 24 December 1965.

9.  Paragraph 9-13 of the awards regulation prescribes guidance for the RVN Campaign Medal.  It is authorized for 6 or more months of service in the RVN performed between 1 March 1961 and 28 March 1973.  The Device (1960) is authorized for wear with this award.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  



11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, HHC and Support Command and Band, 1st Cavalry Division, was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 in Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct blocks 7a, 24c, 26, and 32 of his DD Form 214 has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant served in the RVN from 17 August through 12 October 1965.  As a result of this service and his campaign participation, he is eligible for the VSM with 1 bronze service star and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.  In order to have qualified for the RVN Campaign Medal the applicant would have had to complete 6 months of service in the RVN which he did not.  As a result, there is no basis to add this award.

3.  The record also confirms the applicant received "excellent" conduct and efficiency ratings in all of his active duty assignments and his record is void of derogatory information or unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying active duty service from 31 October 1963 through 13 October 1965 and to add this award to his DD Form 214.

4.  The governing regulation in effect at the time called for entering "NA" in block 7a of the DD Form 214.  In this case, given this regulatory guidance provided, there is no error related to the entry in block 7a of the applicant's DD Form 214.  The regulation in effect at the time also provided for entering the last overseas theater in which overseas service was performed in block 24c.  In this case, USARPAC was the major overseas theater command for the RVN at the time.  As a result, there is also no error related to this entry in block 24c of the applicant's DD Form 214.  However, given later versions of the regulation provided for documenting RVN service in the remarks section of the DD Form 214, it would serve the interest of equity to add the entry "Vietnam Service 17 August-12 October 1965" to block 32 of the applicant's DD Form 214.

5.  Further, absent a leave record or finance records regarding the applicant's final separation payment, there is insufficient evidence to determine the validity of the entry regarding lump sum leave payment of 00 days contained in block 32 of the applicant's DD Form 214.

6.  As a result, there is an insufficient evidentiary basis to support granting the portion of the applicant's relief related to blocks 7a, 24c, and 32 of his DD Form 214.

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 all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the AGCM (1st Award) for his qualifying honorable active duty service from 31 October 1963 through 13 October 1965;

	b.  adding the AGCM (1st Award), Vietnam Service Medal with one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	c.  adding the statement "Vietnam Service 17 August 1965-12 October 1965" to his DD Form 214.

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 block 7a, 24c, and the lump 


sum leave payment entry in block 32 of the DD Form 214 and to adding the RVN Campaign Medal to his DD Form 214.



      ___________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)                                         AR20110022105



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ABCMR Record of Proceedings (cont)                                         AR20110022105



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