IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120004727 


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 show his 1 year, 2 months, and 26 days of foreign service was served during the period August 1966 to November 1967 in the Republic of Vietnam (RVN).  He further requests correction of his DD Form 214 to show the dates of his Vietnam service behind the entries for each of the following awards:  National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal with Device (1960).

2.  He states when he applied for veterans' health benefits, he was rejected because there are no dates for his service the RVN on his DD Form 214.  He further states he served in the RVN from August 1966 to November 1967 with Headquarters Detachment, 71st Transportation Battalion, and Headquarters and Headquarters Company, 4th Transportation Command.  He attributes this oversight to clerical error at the time his DD Form 214 was prepared.

3.  He provides:

* DD Form 214
* three special orders for reassignment, promotion, and nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice


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 29 January 1965.

3.  His DA Form 20 (Enlisted Qualification Record) reflects the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in the RVN from 20 August 1966 through 3 November 1967.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to:

		(1)  Headquarters and Headquarters Detachment, 71st Transportation Battalion, from 20 August 1966 to 31 January 1967; and

		(2)  Headquarters and Headquarters Company, 4th Transportation Command, from 1 February to 2 November 1967.

	c.  Item 38 also shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.

4.  On 5 November 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to him at the time of his discharge reflects the following information:

	a.  Item 22c (Foreign and/or Sea Service) shows he served overseas for a period of 1 year, 2 months, and 26 days.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  Item 30 (Remarks) does not show the location and specific dates of the applicant's foreign service.

5.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the Army Good Conduct Medal.  His record is also void of any evidence of disciplinary actions or a commander's denial of award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for in the following campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

8.  Department of the Army General Orders (DAGO) 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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 22c, enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., U.S. Army Pacific (USARPAC)) in which the service was performed.

10.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates 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.  For example, to show service in Vietnam only, enter "Vietnam – 6 Apr 70 through 28 May 71, Indochina – Yes, Korea – No."

11.  Army Regulation 635-5 has no provision for showing the dates of service in the RVN behind entries for awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to properly show his foreign service in the RVN was carefully considered and determined to have merit.

2.  The evidence clearly shows he served in the RVN from 20 August 1966 through 3 November 1967.

3.  Although the applicant's duration of foreign service in the RVN was properly annotated in item 22c of his DD Form 214, it does not show he completed this service in USARPAC.  Additionally, item 30 does not show the location and specific dates of the applicant's foreign service.

4.  Although it was not until March 1972 that change number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 20 August 1966 through 3 November 1967 to his DD Form 214.

5.  Records show the applicant participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

6.  DAGO awarded his Vietnam unit the RVN Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show authorization for this unit award.

7.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 29 January 1965 to 5 November 1967 and his DD Form 214 should be corrected to show this award.

8.  The applicant's request for correction of his DD Form 214 to show his foreign service in the RVN behind his awards was determined to be without merit.  There is no provision for showing the dates of service behind entries for awards.

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 29 January 1965 to 5 November 1967;

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

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


	d.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

	e.  adding the entry "Vietnam – 20 Aug 66 through 3 Nov 67, Indochina – Yes, Korea – No" to item 30 of his DD Form 214.

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 correcting his DD Form 214 to show the dates of his Vietnam service behind the entries for each of the following awards:  National Defense Service Medal, Vietnam Service Medal, and RVN 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)                                         AR20120004727



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ABCMR Record of Proceedings (cont)                                         AR20120004727



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