IN THE CASE OF:	

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004570 


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.

2.  The applicant states he was told by the hospital he needed to show his Vietnam service on his DD Form 214. 

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 29 April 1964.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 81A (General Draftsman). 

3.  Subsequent to MOS training, he was reassigned to the 299th Engineer Battalion, Fort Gordon, GA, on or about 5 August 1965.  He deployed to and served in Qui Nhon, Vietnam with the 299th Engineer Battalion from on or about 10 October 1965 to on or about 20 April 1966, a period of 6 months and 11 days. 

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 20 April 1966 after completing 1 year, 11 months, and 22 days of creditable active service, with no lost time.  His DD Form 214 shows in:

* Item 24c (Foreign and/or Sea Service) – he completed 6 months and 11 days of foreign service in the U.S. Army Pacific (USARPAC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Vietnam Service Medal
* Item 32 (Remarks) does not show he served in Vietnam 

5.  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 Vietnam Defense Campaign (8 March - 24 December 1965) and Vietnam Counteroffensive (25 December 1965 - 30 June 1966) 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.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) 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. 

	d.  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.  

6.  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.  

7.  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.

8.  Department of the Army General Orders 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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from on or about 10 October 1965 to on or about 20 April 1966, a period of 6 months and 11 days.  As required by the governing regulation at the time, since his last period of foreign service was in 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 10 October 1965 to 20 April 1966 is also listed in item 32 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 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 be entitled to correction of his DD Form 214 to show it. 

4.  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.

5.  He served honorably during the period 29 April 1964 to 20 April 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: 

* awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1964 to 20 April 1966
* adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding to item 32 of his DD Form 214 the entry "Service in Vietnam 10 October 1965 to 20 April 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)                                         AR20120004570



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004570



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1