IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120001615 


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 separation document to show his service in the Republic of Vietnam (RVN) and his awards and decorations.

2.  The applicant states he was released from active duty (REFRAD) based on an affidavit and temporary records.  As a result, his separation document does not show all of the correct information, particularly that he served in the RVN and all of his awards.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted on 2 August 1967.  Upon completion of on-the-job training, he was awarded military occupational specialty 95B1O (Military Policeman).

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

	a.  item 27 (Military Education):  None;

	b.  item 31 (Foreign Service):  Vietnam service from 7 January through
23 July 1969;

	c.  item 32 (Civilian Education):  Wytheville College, Wytheville, Virginia,
87 Quarter Hours (58 Semester Hours), 1967;

	d.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 with a date of rank (DOR) of 17 June 1968;

	e.  item 38 (Record of Assignments):  Company A, 504th Military Police Battalion (Airborne) from 16 January through 20 July 1969;

	f.  item 39 (Campaigns):  no entry (is blank)"; 

	g.  item 40 (Wounds):  no entry (is blank);

	h.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle and Pistol Bars

	i.  item 44 (Time Lost):  no entry (is blank).

4.  Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina, Special Orders Number 257, dated 14 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, Special Troops, U.S. Army Quartermaster Center, Fort Lee, Virginia, Special Orders Number 61, dated 27 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

6.  Headquarters, U.S. Army Quartermaster School Brigade, Fort Lee, Virginia, Special Orders Number 235, dated 8 November 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 24 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 11 months, and 23 days of net active service.  It also shows in:

	a.  item 5a (Grade, Rate or Rank):  SP4;

	b.  item 5b (Pay Grade):  E-4;

	c.  item 6 (Date of Rank):  "NVAL" (Not Validated);

	d.  item 22 (Statement of Service), block c (Foreign and/or Sea Service):  "USARPAC (U.S. Army Pacific) - See Item 30";

	e.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  "NDSM" (National Defense Service Medal) and "NVAL";

	f.  item 25 (Education and Training Completed):  "NVAL";

	g.  item 26a (Non-Pay Periods Time Lost):  "NVAL"; and

	h.  item 30 (Remarks):

* "Civilian Education:  NVAL"
* "EM [Enlisted Member] released from service on Temporary Records Soldier's Affidavit"

8.  A review of the applicant's military service records revealed:

	a.  he received nonjudicial punishment (NJP) for being derelict in the performance of his duty as a stakeout man on 26 October 1968;

   b.  item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service; and

	c.  This review failed to reveal evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award).
9.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster does not show the applicant's name.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

   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.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company A, 504th Military Police Battalion (Airborne):

	a.  the company was awarded the Meritorious Unit Commendation for the period 1 January 1968 to 31 March 1970 by Department of the Army General Orders Number 2 (1971); and

	b.  paragraph 6d of the pamphlet states that Department of the Army General Orders 8 (1974) announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214;

	b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions show for:

	 	(1)  item 24:  enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; and

	 	(2)  item 30:  the "Remarks" section will be used to complete entries too long for their respective items.

	 		(a)  Enter highest level of civilian education completed prior to service; and

		 	(b)  Effective 15 March 1972, it shows that Indochina and Korea service on or after 5 August 1964 will be shown by entering inclusive dates of service for Vietnam, and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of the correct information, including his service in the RVN and all of his awards.

2.  Records show the applicant served in the RVN from 7 January 1969 through 23 July 1969.  A calculation of this period of foreign service shows:

	1969  07  23	date of redeployment
	- 1969  01  07	date of deployment to RVN
	=     00  06  16
	+                   1	day inclusive
	=     00  06  17	total foreign service

3.  The evidence of record shows:

	a.  the applicant was promoted to SP4 (E-4) with a DOR of 17 June 1968;

	b.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

	c.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal;

   d.  the applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960); and

	e.  general orders awarded the applicant's unit the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 2 August 1967 to 24 July 1969.

   a.  He was promoted to SP4 (E-4) with less than 11 months of active service;

   b.  He received "excellent" conduct and efficiency ratings during his service;

   c.  He received NJP for being derelict in the performance of his duty. However, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award); and

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and to correct his
DD Form 214 to show the award.

5.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show his DOR, civilian education, service in the RVN, and awards and decorations, as recommended below.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 August 1967 to 24 July 1969 (Standard Name Line:  SP4  Company A,
504th Military Police Battalion (Airborne), U.S. Army Vietnam);

	b.  deleting from item 6 the entry "NVAL" and replacing it with the entry
"17 Jun 68";

	c.  deleting from item 22, block c of his DD Form 214 the entry "See Item 30" and replacing it with the entry "00  06  17";

	d.  deleting from item 24 of his DD Form 214 the "NDSM" and "NVAL"; and adding the:

* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Pistol (.45 caliber) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

	e.  deleting from item 25 the entry "NVAL" and replacing it with the entry
"None";

	f.  deleting from item 26a the entry "NVAL" and replacing it with the entry
"None";

	g.  deleting from item 30 of his DD Form 214 the entry "Civilian Education: "NVAL" and replacing it with the entry:  "Civilian Education:  1 Year College"; and

	h.  adding to item 30 of his DD Form 214 the entry "Vietnam--7 January 1969 through 23 July 1969, Indochina--Yes, Korea--No."




      __________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)                                         AR20120001615



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ABCMR Record of Proceedings (cont)                                         AR20120001615



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