IN THE CASE OF:	  

		BOARD DATE:	26 July 2012

		DOCKET NUMBER:  AR20120001812


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) and his dates of service in the Republic of Vietnam.

2.  The applicant states:

* he was told by Department of Veterans Affairs (VA) personnel that his 
DD Form 214 did not reflect his service in the Republic of Vietnam
* his DD Form 214 shows he was awarded the Vietnam Service Medal, which was issued to all military personnel during the Vietnam era, regardless of whether or not they were actually in Vietnam
* he served in the Republic of Vietnam 5 months and he was extracted early because of a family hardship involving his parents
* he served in combat with the 267th Signal Company at Long Binh, Saigon, and a couple of other places
* according to the VA Medical Center in Fayetteville, NC, his DD Form 214 needs to reflect he earned the "Vietnam Combat Medal" in order for him to receive care at that facility

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Special Orders Number 133, Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA, dated 7 June 1968
* Special Orders Number 81, Headquarters, 972nd Signal Battalion, dated 16 December 1968 

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 enlisted in the Regular Army on 3 November 1967.  He completed training and was awarded military occupational specialty 36C (Lineman).  

3.  He served in the Republic of Vietnam from on or about 9 July to 24 December 1968, which was a period of 5 months and 16 days.  His record shows that during his period of service in the Republic of Vietnam he was:

* assigned to the 267th Signal Company, 39th Signal Battalion (Support), from on or about 13 July to 29 October 1968
* attached to Headquarters and Headquarters Detachment, 52nd Signal Battalion, from 30 October to 22 December 1968 

4.  On 24 December 1968, he was honorably released from active duty and assigned to the U.S. Army Reserve Control Group for the remainder of his service obligation.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  His DD Form 214 shows in:

  a. Item 22c (Statement of Service – Foreign and/or Sea Service) that he was credited with completion of 5 months and 16 days of foreign service.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal and the Vietnam Service Medal.
5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

6.  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 establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  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), etc.).

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

8.  Army Regulation 600-8-22 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.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in 2 campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)

9.  There is no evidence in the 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 or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).
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.  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 the 267th Signal Company was cited for award of the:

* Meritorious Unit Commendation, for the period 1 March through  
1 October 1968, by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Republic of Vietnam Campaign Medal with Device (1960) and his foreign service in the Republic of Vietnam was carefully considered and was determined to have partial merit.  

2.  The evidence of record shows the applicant served in the Republic of Vietnam from on or about 9 July 1968 to on or about 24 December 1968, a period of 
5 months and 16 days.  This foreign service is listed in item 22c of his DD Form 214; however, the theater of operations is not listed.  Therefore, it would be appropriate to amend item 22c of his DD Form 214 by adding the "USARPAC" entry to show his foreign service was performed in that theater of operations.  

3.  Additionally, it would be appropriate to amend item 30 of his DD Form 214 by adding "SERVICE IN USARPAC (VIETNAM) FROM 9 JULY 1968 -
24 DECEMBER 1968."

4.  He participated in 2 campaign phases during his service in Vietnam.  Therefore, he is entitled to 2 bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
5.  The evidence of record shows he served on active duty from 3 November 1967 through 24 December 1968.  Records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The evidence of record shows the applicant did not complete a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to correction to his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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
3 November 1967 through 24 December 1968; 

   b. adding to item 22c of his DD Form 214 the entry "USARPAC";

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

   d. adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with 2 bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   e. adding to item 30 of his DD Form 214 the entry "SERVICE IN USARPAC (VIETNAM) FROM 9 JULY 1968 - 24 DECEMBER 1968."

2.  The Board further determined 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 awarding him the Republic of Vietnam Campaign Medal with Device (1960).



      ___________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)                                         AR20100024003



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ABCMR Record of Proceedings (cont)                                         AR20120001812



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