IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120001209


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 item 22c (Statement of Service – Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam for 1 year, 11 months, and 18 days versus 11 months and 18 days. 

2.  The applicant states that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded 3 overseas service bars, and an overseas service bar is awarded for each 6 month period of overseas duty.  He further states he actually spent 1 year, 11 months, and 18 days in the Republic of Vietnam.

3.  The applicant provides:

* DD Form 214
* DA Form 1049  (Personnel Action), dated 29 January 1967, subject: Request for Extension of Overseas Tour and 30 Day Special Leave, with approval endorsement
* Memorandum, 46th Engineer Battalion, dated 3 March 1967
* Letter Orders Number 03-31, issued by Headquarters, 46th Engineer Battalion, dated 28 March 1967
* Letter Orders Number 01-38, issued by Headquarters, 46th Engineer Battalion, dated 18 January 1968
* Special Orders Number 145, issued by Headquarters, 46th Engineer Battalion, dated 14 June 1968
* DA Form 137 (Installation Clearance Record), dated 13 June 1968
* DA Form 2139 (Military Pay Voucher), for the month of November 1966
* DA Form 2139, dated 19 September 1967
* DA Form 2139-1 (Military Pay Voucher), for the month of November 1967

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 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 19 January 1966.  He completed training and was awarded military occupational specialty (MOS) 62E (Construction Machine Operator).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 28 June 1966 to on or about          15 June 1968.  During this period of service he was assigned to Company C, 46th Engineer Battalion, 159th Engineer Group, U.S. Army Vietnam (USARV).

4.  Special Orders Number 166, issued by Headquarters, 46th Engineer Battalion, dated 15 July 1966, assigned him to Company C, 46th Engineer Battalion, effective 18 July 1966.

5.  Special Orders Number 145, issued by Headquarters, 46th Engineer Battalion, dated 14 June 1968, assigned him to the USARV Returnee Detachment, with further assignment to the U.S. Army Returnee and Reassignment Station, Oakland, CA, effective 15 June 1968.  These orders show he completed 24 months of overseas service.

6.  On 17 January 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years, 11 month, and 29 days of total active service.  This form further shows:

   a. Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) he was separated in the rank/grade of specialist five (SP5)/E-5.

   b. Item 22c credits him with the completion of 11 months and 18 days of foreign service in the USARV theater of operations.  

   c. Item 24 he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960), identified as the VCM
* Meritorious Unit Commendation (MUC)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 3 overseas service bars

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that Item 22c would show the total active service performed outside the continental limits of the U.S., for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC (U.S. Army Pacific), USARV, etc.).

8.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form  20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial.

10.  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, 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, and he/she could not have been convicted by court-martial.

11.  Army Regulation 600-8-22  (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following five campaigns: 

* Vietnam Counteroffensive  (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II  (1 July 1966 – 31 May 1967)
* 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)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that his unit of assignment in Vietnam, the 46th Engineer Battalion, was cited for award of the:

* MUC, for the period 1 May 1966 through 30 April 1967, by Department of the Army General Orders (DAGO) Number 17, dated 1968
* MUC (2nd Award), for the period 1 May 1967 through 31 October 1967, by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 August 1967 through 9 February 1970, by DAGO Number 43, dated 1970

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service, as a member of the U.S. Army outside of the continental limits of the United States, for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from on or about 28 June 1966 to on or about 15 June 1968, a period of 1 year, 11 months, and 18 days.  His DD Form 214 incorrectly shows he completed 11 months and 18 days of foreign service; therefore, it would be appropriate to correct item 22c of his DD Form 214 to show he completed 1 year, 11 months, and 18 days of foreign service.

2.  As related issues, the applicant is authorized additional awards.

3.  He served honorably from 19 January 1966 through 17 January 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a conviction by courts-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He participated in five campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          1 silver service star to be affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit of assignment in the Republic of Vietnam     2 awards of the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to the unit.  With the exception of a single award of the MUC, these unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

6.  He served in Vietnam from on or about 28 June 1966 to on or about 15 June 1968.  In accordance with Army Regulation 670-1, his arrival and departure months should be counted as complete months in determining his eligibility for the overseas service bar.  Accordingly, he is entitled to 4 overseas service bars and to correction of his DD Form 214 to show them. 

BOARD VOTE:

____X___  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

   a. awarding him the Army Good Conduct Medal (1st Award) for the period  19 January 1966 through 17 January 1969;

   b. amending item 22c of his DD Form 214 to show he completed 1 year, 
11 months, and 18 days of foreign service;

   c. amending item 24 of his DD Form 214 to delete the VSM and 3 overseas service bars; and

d.  amending item 24 of his DD Form 214 to add the:

* Army Good Conduct Medal (1st Award)
* MUC (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 1 silver service star
* 4 overseas service bars



      _________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20120001209



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