DOCKET NUMBER:  AR20120005734 


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 (Report of Separation from Active Duty) to show his service in Vietnam.

2.  The applicant states he spent approximately 46 days in Vietnam in 1972.  He contends that upon his discharge, he did not notice his Vietnam service was not indicated and he never bothered to get his records corrected.  He is now filing a claim for service-connected disabilities and he needs proof of his Vietnam service.

3.  The applicant provides:

* his DD Form 214
* Special Orders Number 172, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), dated 20 June 1972
* an endorsement, subject:  Letter of Commendation, dated 7 December 1972

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 20 August 1971 and he was awarded military occupational specialty 11H (infantry direct fire crewman) upon completion of initial entry training.  

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 29 (Qualification in Arms) he qualified expert with the .45 caliber pistol
* item 31 (Foreign Service) the entry "2 May through 26 May 1972, USARPAC"
* item 38 (Record of Assignments) he was attached to 3rd Brigade,
1st Calvary Division (Airmobile) from 2 May through 26 May 1972 (a period of 24 days) in Vietnam in a temporary duty status
* item 38 he received all "excellent" conduct and efficiency ratings throughout his active duty service

4.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

5.  He was honorably released from active duty on 19 August 1974 at the completion of required active service in the rank/grade of specialist four (SP4)/
E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed
1 year, 11 months, and 26 days of total active service.  The DD Form 214 he was issued at the time shows in:

* item 18f (Foreign and/or Sea Service This Period) the entry "0  0  0"
* item 19 (Indochina or Korea Service Since August 5, 1964) an "X" in the 	"NO" block
* item 26 (Decorations, Medals, Badges, Commendations, Citations and 	Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
6.  The applicant provides

* Special Orders Number 172, dated 20 June 1972, that awarded him the Combat Infantryman Badge while attached to Headquarters and Headquarters Company, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile).
* an endorsement, dated 20 September 1972, wherein his company commander added his personal congratulations for his performance as a "TOW" weapon man in the Republic of Vietnam

7.  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 18f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 19, for Vietnam service, place an "X" in the "YES" block and show specific dates of service

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Ceasefire (30 March 1972 - 28 January 1973) campaign.

9.  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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his service in Vietnam has been carefully reviewed.

2.  His DA Form 20 indicates he served in Vietnam from 2 May to 26 May 1972 for a period of 24 days.  Therefore, item 18f and item 19 of his DD Form 214 should be corrected to show his foreign service period and specific dates of service in Vietnam.

3.  Based on his service in Vietnam, he is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  Special orders awarded the Combat Infantryman Badge.  Therefore, his
DD Form 214 should be corrected to show this badge.

5.  The applicant's record shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 20 August 1971 through
19 August 1974 and to correct his DD Form 214 to show this award.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

7.  Records further show he qualified expert with the .45 caliber pistol.  Therefore, his DD Form 214 should be corrected to show this weapons qualification badge.

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.  deleting from item 18f of his DD Form 214 the current entry and replacing it with the entry "0  0  24";

	b.  deleting from item 19 of his DD Form 214 the current entry and replacing with an "X" in the "YES" block followed by the entry "2 May to 26 May 1972";

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 
20 August 1971 through 19 August 1974; and

	d.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)



      __________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)                                         AR20120005734



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ABCMR Record of Proceedings (cont)                                         AR20120005734



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