IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023770 


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 his:

* foreign service in Vietnam
* unit of assignment
* medical information
* all associated awards and decorations

2.  He also requests a copy of his official record.

3.  The applicant states his DD Form 214 does not include his Vietnam service or service dates, the company he was assigned to in Vietnam, his medical information, or all the awards and decorations he received.  Additionally, if his records were destroyed or burned, he requests to be sent a copy of his microfiche.

4.  The applicant provides no additional evidence.

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 11 June 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His record contains Special Orders (SO) Number 182 issued by Headquarters, 8th Infantry Division, Germany, dated 1 July 1966, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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

* he was assigned to Company B, 1st Battalion, 13th Infantry Regiment, Germany, on 2 November 1965
* he was assigned to Company C, 2nd Battalion, 3d Infantry Regiment, 199th Infantry Brigade, Vietnam, on 4 October 1967

5.  He was honorably released from active duty on 30 May 1968.  His DD Form 214 shows in:

* item 12 (Last Duty Assignment and Major Command) – "CO C 2D BN 3D INF APO SF 96279 USARPAC (Company C, 2nd Battalion, 3d Infantry, Army Post Office San Francisco 96279, U.S. Army Pacific)
* item 22b (Total Active Service) – 2 years, 11 months, and 20 days
* item 22c (Foreign and/or Sea Service) – 2 years, 6 months, 27 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Combat Infantryman Badge 
* Purple Heart with 1st Oak Leaf Cluster

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the version 


in effect at the time of his separation stated that item 26, item 24c, or item 22c (depending on the year issued) would show the total period of active service 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, etc.).  Furthermore, the "Remarks" block was used for Department of the Army mandatory requirements or when a separate block was required for a continuation entry.

7.  Army Regulation 635-5 currently in effect states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in the "Remarks" section.

8.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) is 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.

9.  Army Regulation 600-8-22 states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January 1968-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service with Company C, 2nd Battalion, 3d Infantry, in Vietnam this unit was awarded the:

* Valorous Unit Award for service from 31 January 1968 to 19 February 1968 by Department of the Army General Orders (DAGO) 48, dated 1968


* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 20 July 1965 to 28 March 1973 by DAGO 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970 by DAGO 31, dated 1971

11.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 11 June 1965 through 30 May 1968.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.  

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.  With respect to his Vietnam service dates, his DA Form 20 shows he arrived in Germany on 2 November 1965 and arrived in Vietnam on 4 October 1967.  Further, his DD Form 214 shows he was honorably released from active duty on 30 May 1968 and served a total of 2 years, 11 months, and 20 days of which 2 years, 6 months, and 27 days were credited as foreign service.

	a.  Based on the dates provided on his DA Form 20 and DD Form 214, the correct dates for his service in Vietnam are from 4 October 1967 to 29 May 1968.  Additionally, his last major overseas command was USARPAC.  Item 22c omitted this entry.  He is entitled to correction of his DD Form 214 to show the last major overseas command in item 22c.

	b.  Although there was no provision to enter the location or dates of his Vietnam service in item 30 (Remarks) of the DD Form 214 at the time of his release from active duty, there are regulatory provisions for doing so now.  Therefore, there would be no harm in amending his DD Form 214 to show his service in Vietnam.

2.  The applicant's record shows his service in Vietnam met the time requirements for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  His record shows his service in Vietnam met the time requirements for award of the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this award.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

5.  DAGO awarded his unit the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

6.  The evidence of record confirms he served honorably on active duty during the period 11 June 1965 through 30 May 1968.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during his period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.

	a.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal during his period of service.

	b.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 11 June 1965 through 30 May 1968 and to correct his DD Form 214 to show this award.

7.  With respect to adding his medical information to his DD Form 214, there was no provision for adding medical information to the DD Form 214 at the time of his separation, nor are there current provisions for doing so now.



8.  His records were not burned or destroyed, they are intact but do not contain a microfiche.  His records do, however, contain some of his medical records.  He may obtain copies of his military records, to include his medical records, by making a request through the National Archives and Records Administration.

9.  His unit of assignment in Vietnam is already listed in item 12 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 11 June 1965 through 30 May 1968
* adding the entry "USARPAC" to item 22c of his DD Form 214
* adding the following awards to item 24 of his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding the entry "SERVICE IN VIETNAM FROM 19671004-19680529" to item 30 of 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 sending him his microfiche and adding his medical information 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)                                         AR20110023770



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ABCMR Record of Proceedings (cont)                                         AR20110023770



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