IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20110024548 


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 reflect his Vietnam service and all related awards or decorations.

2.  The applicant states he completed 11 months and 20 days of foreign service in Vietnam but neither this service nor related medals are shown on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 041 (assignment orders)
* SO Number 069 (amendment of assignment orders)
* Malaria Debriefing Document
* SO Number 101 (reassignment from Vietnam)

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’s records show he was inducted into the Army of the United States on 12 April 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 67U (CH-47 Helicopter Repairman). 

3.  Subsequent to MOS training and an assignment to Fort Benning, GA, he served in Vietnam from on or about 5 April 1969 to on or about 24 March 1970.  He was assigned to the 179th Aviation Company.  

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 March 1970 after completing 1 year, 11 months, and 14 days of creditable active service, with no lost time.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) – he completed 11 months and 20 days of foreign service in the U.S. Army Pacific (USARPAC)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Item 30 (Remarks) does not show he served in Vietnam 

5.  There is no indication in his records that he served in Korea.

6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	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.

	b.  Appendix B shows during the applicant's service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
* Tet 69/Counteroffensive, 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.  

7.  There is no derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Additionally, Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  

8.  Army Regulation 672-5-1 (Decorations and 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows, during the period he served with the 179th Aviation Company in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 27 March 1967 to 17 May 1969, based on Department of the Army General Orders Number 46, dated 1969.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the       DD Form 214:

* item 22c shows 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 service was performed, e.g. "USARV" (U.S. Army Vietnam)
* item 24 shows a member's awards and decorations


* item 30 is used for mandatory requirements, when a separate block is not available, and as a continuation entry

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from on or about 5 April 1969 to on or about 24 March 1970, a period of 11 months and 20 days.  As required by the governing regulation at the time, since his last period of foreign service was in the USARPAC, his DD Form 214 correctly lists his last major overseas theater/command.  Nevertheless, there will be no harm to the Army or the applicant if his Vietnam service from 4 April 1968 to 24 March 1970 is also listed in item 30 of his DD Form 214. 

2.  Based on his period of Vietnam service he is entitled to awards of the Republic of Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal.  Additionally, he participated in three campaigns during this period of service.  Therefore, he is also entitled to three bronze service stars to be worn with the Vietnam Service Medal and correction of his DD Form 214 to show these awards.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He served honorably during the period 12 April 1968 through 25 March 1970. He attained the rank/grade of SP4/E-4 and had no lost time.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

5.  His DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal (Korea).  However, there is no evidence that shows he served in Korea.  Although this entry appears to be in error, it is the policy of the Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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: 

* awarding him the Army Good Conduct Medal (1st Award) for the period 12 April 1968 through 25 March 1970
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Adding to item 30 of his DD Form 214 the entry "Service in Vietnam 5 April 1969 to 24 March 1970"



      ___________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)                                         AR20110024548





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ABCMR Record of Proceedings (cont)                                         AR20110024548



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