IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110023902 


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 any awards he is authorized that are not already listed on this form to include the Meritorious Unit Commendation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

2.  He states his foreign service should reflect U.S. Army Vietnam instead of U.S. Army Europe (USAREUR).  He was with the 588th Engineer Battalion, 20th Engineer Brigade, 79th Engineer Group, in Vietnam from June 1967 to 13 May 1968.  The 79th Engineer Group received the Meritorious Unit Commendation and the 588th Engineer Battalion received the Meritorious Unit Commendation and RVN Civil Actions Honor Medal First Class Unit Citation during his service with this organization.

3.  He provides his DD Form 214 and an internet-generated printout about the 588th Engineer Battalion.

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.  His military records show he was inducted into the Army on 30 June 1966.  He was awarded the military occupational specialty of 12A (Pioneer) and was promoted to the rank of private first class/pay grade E-3.

3.  His record contains an extract of Special Orders Number 137, dated 17 May 1967, indicating he had an expected departure date of 19 May 1967, from California with a destination of U.S Army Pacific (USARPAC), Vietnam.

4.  An extract of Special Orders Number 111, issued by Headquarters, Military Assistance Advisory Group, Vietnam, dated 20 April 1968, indicates he was being reassigned from Vietnam to the U.S. Army Transition Station, Oakland, CA with a report date of 29 April 1968.

5.  His record is void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  A U.S. Army Vietnam Form 137R (Personnel Data Sheet), prepared on 6 January 1968, shows “excellent” conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

6.  On 13 May 1968, he was honorably released from active duty due to early separation from overseas.  He competed 1 year, 10 months, and 14 days of net active service this period.  The DD Form 214 he was issued at the time shows in:

	a.  item 12 (Last Duty Assignment and Major Command) "Co D 558th Engr Bn Army Post Office (APO) 96216" (APO 96216 was verified by the Military Postal Service Agency as having been used for delivery to Vietnam);

	b.  item 22c (Foreign and/or Sea Service) the entry "USAREUR" indicating his foreign service was in Europe; and

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal with Device (1960).

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  Appendix B of this regulation shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns: 
   
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

8.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

	c.  This pamphlet shows the 588th Engineer Battalion, the unit the applicant was assigned to while serving in the RVN, was awarded the:

* Valorous Unit Award for the period 18 November 1967 to 23 February 1968
* Meritorious Unit Commendation for the period November 1965 to February 1967
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970

9.  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, 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.

10.  Army Regulation 635-5 (Separation Documents), chapter 2, in effect at the time, contained guidance on the preparation of the DD Form 214.  It stated item 22c would show 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 (USAREUR)."

DISCUSSION AND CONCLUSIONS:

1.  His records contain sufficient evidence to show he served in Vietnam from approximately June 1967 until late April or early May 1968.  As such, he is entitled to have item 22c of his DD Form 214 corrected to show the additional entry of "USARPAC" instead of "USAREUR."

2.  There is no order or other available evidence that shows he was awarded the Army Good Conduct Medal.  A U.S. Army Vietnam Form 137R shows his conduct and efficiency ratings were "excellent."  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from this award.  Therefore, it would be reasonable to presume he met the criteria for award of the Army Good Conduct Medal and it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 30 June 1966 through 13 May 1968 and add this award to his DD Form 214.

3.  Evidence shows he participated in three campaigns during his service in 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 with these service stars.

4.  His unit was cited for award of the Valorous Unit Award, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation during his period of assignment with that unit.  However, he was not assigned to the 588th Engineer Battalion during the period for which it was cited for award of the Meritorious Unit Commendation.  Therefore, he is entitled to have the Valorous Unit Award, RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation added to his DD Form 214.

5.  In view of the foregoing, he is entitled to have his records corrected as shown 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
30 June 1966 through 13 May 1968;

	b.  amending item 22c of his DD Form 214 to show "USARPAC"; 

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

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 the Meritorious Unit Commendation 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)                                         AR20110023902



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ABCMR Record of Proceedings (cont)                                         AR20110023902



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