IN THE CASE OF:	  

		BOARD DATE:	 21 June 2012 

		DOCKET NUMBER:  AR20110024773 


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 since he was among the first to return from Vietnam at the start of the war in 1966, the company clerk at Fort Dix, NJ, did not pick up on his service in Vietnam.   The clerk neglected to include the location of his foreign service.  Additionally, since he returned from Vietnam on emergency leave, this could have caused the oversight.  Additionally, none of his awards were recorded on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SOs) Number 10 (emergency leave)
* Standard Form (SF) 1012a (Travel Voucher)

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 enlisted in the Regular Army on 26 February 1963 and he held military occupational specialty 51M (Firefighter). 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Eritrea from 31 October 1963 to 19 April 1965 (1 year, 5 months, and 20 days) and Vietnam from 11 September 1965 to 18 February 1966.  

4.  SOs Number 70, issued by Headquarters, 4th U.S. Army Security Agency Field Station, Kagnew Station, on 3 April 1964, awarded him the Marksman Marksmanship Qualification Badge with Carbine Bar (.30 caliber).

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he served with the 527th Engineer Detachment from 11 September 1965 to 30 January 1966.  

6.  He submitted a copy of SOs Number 10, issued by Headquarters, An Khe Battalion (General Support/Direct Support), U.S. Army Support Command, Qui Nhon, on 12 January 1966, authorizing him 18 days of emergency leave from the 527th Engineer Detachment, through the 90th Replacement Battalion, to Fort Dix, NJ.  The SOs listed the entry "Mo OS (current tour): 5 Mos (NT 12)" indicating he had completed 5 months of his 12-month overseas tour. 

7.  He submitted an SF 1012a authorizing him reimbursement for emergency leave.  This form indicates he departed An Khe, Vietnam, on 12 January 1966 and arrived in Saigon on the same date.  He departed Saigon on 13 January 1966 and arrived in California and subsequently New York on 13 January 1966.  He drove to his home of record and upon completion of leave, he reported to Fort Dix, NJ, on 29 January 1966.  

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 February 1966 after completed 3 years of creditable active services with no lost time.  His DD Form 214 shows in:

* Item 24c (Foreign and/or Sea Service) – he completed 1 year, 10 months, and 27 days of foreign service in the U.S. Army Pacific
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows no awards
* Item 30 (Remarks) does not show he served in Vietnam 

9.  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 24c 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 26 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

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

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	b.  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.

	c.  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.

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966

11.  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.  

12.  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.

13.  Department of the Army General Orders (GOs) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his foreign service:

	a.  The applicant's DD Form 214 shows he completed 1 year, 10 months, and 27 days of foreign service.  His DA Form 20 shows he completed 1 year, 5 months, and 20 days in Eritrea from 31 October 1963 to 19 April 1965.  

	b.  His DA Form 20 also shows he arrived in Vietnam on 11 September 1965 and departed Saigon on emergency leave on 13 January 1966.  He reported to Fort Dix, NJ, on 29 January 1966.  In effect, he served in Vietnam from             11 September 1965 to 13 January 1966, a period of 5 months and 3 days.  

	c.  When combining his foreign service in Eritrea and Vietnam, it adds up to 1 year, 10 months, and 8 days.  His foreign service on his DD Form 214 should be corrected to show 1 year, 10 months, and 8 days instead of the existing 1 year, 10 months, and 27 days. 

	d.  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 11 September 1965 to 13 January 1966 is also listed in item 30 of his DD Form 214. 

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

3.  He served a qualifying period of service for award of the National Defense Service Medal and should have his DD Form 214 corrected to show award.

4.  GOs 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.

5.  SOs awarded him the Marksman Marksmanship Qualification Badge with Carbine Bar (.30 caliber).  Therefore, his DD Form 214 should be corrected to show this badge.

6.  He served honorably during the period 26 February 1963 through 25 February 1966.  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.

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: 

* Deleting from item 24c of his DD Form 214 the entry "1  10  27" and adding the entry "1  10  8"
* awarding him the Army Good Conduct Medal (1st Award) for the period 26 February 1963 through 25 February 1966
* adding to item 24 of his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Carbine Bar

* Adding to item 30 of his DD Form 214 the entry "Service in Vietnam 11 September 1965 to 13 January 1966"



      _______ _   _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)                                         AR20110024773



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ABCMR Record of Proceedings (cont)                                         AR20110024773



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