BOARD DATE:	16 October 2012

		DOCKET NUMBER:  AR20120007148


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 service in Vietnam.

2.  The applicant states he was stationed in the Vietnam for a full year while assigned to the 61st Aviation Company.

3.  The applicant provides:

* his DD Form 214
* a DD Form 215 (Correction to DD Form 214), dated 20 December 1965

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 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.  On 19 November 1963, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 670.00 (Aircraft Maintainer).  He was later awarded MOS 67K (Multi-Engine Airplane Repairman).  The highest rank/grade he attained during his period of military service was specialist five (SP5)/E-5.

3.  His record contains a DA Form 20 (Enlisted Qualification Record – Version
1 November 1954) that shows in

* item 29 (Foreign Service) he served in Vietnam from on or about
9 April 1964 to on or about 8 April 1965
* item 33 (Record of Assignments) he was assigned to the 61st Aviation Company in Vietnam 

4.  His record contains a DA Form 20 (Enlisted Qualification Record – Version
1 January 1965) that shows in

* item 31 (Foreign Service) he served in Vietnam from on or about
9 April 1964 to on or about 8 April 1965
* item 38 (Record of Assignments) he was assigned to the 61st Aviation Company in Vietnam 
* item 41 (Awards and Decorations) he was awarded the Armed Forces Expeditionary Medal (AFEM) (Vietnam)

5.  On 12 November 1965, he was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time credits him with completing 1 year, 11 months, and 29 days of total active service, including
1 year of foreign service in the U.S. Army Alaska (USARAL) theater of operations.  This form further shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the AFEM.

6.  His record contains no documentation that indicates he was assigned to any units within the USARAL theater of operations.  However, his record shows he completed his MOS training at Fort Rucker, Alabama (AL) prior to his reassignment to Vietnam.

7.  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 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 for:

	a.  item 24c (Statement of Service – Foreign and/or Sea Service) enter 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., U.S. Army Pacific (USARPAC), U.S. Army Vietnam (USARV), etc.); and

	b.  item 32 (Remarks) this block was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry.  However, it did not mandate an entry to document service in Vietnam, as was the case with future editions of the regulation.

8.  Army Regulation 635-5, currently in effect, states for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the Remarks block.

9.  As a related issue, a review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  There is no indication in his available record that shows he was awarded the first award of the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ).

11.  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.


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

	a.  Paragraph 2-12 states the AFEM is awarded for qualifying service after 
1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	b.  Paragraph 9-13 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic 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 the Republic of Vietnam for 6 months or more.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows that his unit of assignment in the Republic of Vietnam, the 61st Aviation Company, was cited for award of the Meritorious Unit Commendation for the period 1 October 1964 through 31 December 1965 by Department of the Army General Orders (DAGO) Number 3, dated 1967.

	b.  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 served in the Republic of Vietnam from on or about 9 April 1964 to on or about 8 April 1965, a period of 1 year.  This period of service is accurately reflected in item 24c of his DD Form 214; however, there is no evidence he served in the USARAL theater of operations.  It appears this entry is in error; therefore, it would be appropriate to correct item 24c to show his foreign service was performed in the USARPAC theater of operations.  Additionally, under current standards, it would be appropriate to add in item 32 of his DD Form 214 the entry "SERVICE IN USARPAC (VIETNAM) FROM 19640409 - 19650408."
2.  As related issues, the applicant is authorized additional awards.

3.  He served honorably from 19 November 1963 through 12 November 1965.  His record shows he received all "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, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period
19 November 1963 through 12 November 1965 and to correct his DD Form 214 to show this award.

4.  He served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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

BOARD VOTE:

___x_____  _x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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  19 November 1963 through 12 November 1965;


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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 32 of his DD Form 214 the entry "SERVICE IN USARPAC (VIETNAM) FROM 19640409 - 19650408."



      __________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)                                         AR20100017975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120007148



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1