IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007307 


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 Vietnam service in item 22c (Foreign and or Sea Service) and all awards he is authorized, including the Combat Infantryman Badge.

2.  He states the record is in error because it does not show his service in Vietnam from May 1967 to March 1968.  It is also void of the medals he should have received based on his Vietnam service.  

3.  He adds that his records were lost when he returned from Vietnam; he was separated from the military with temporary records.  

4.  He provides his DD Form 214 and the orders releasing him from active duty.

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.  His military records show he was inducted into the Army on 4 April 1966.  He was awarded the military occupational specialty of 11C (Infantryman Indirect Fire Crewman) and he was promoted to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany during the period 23 August 1966 through 25 April 1967 (8 months and 3 days).  It further shows during his tour of duty in the Republic of Vietnam (RVN) from 8 June 1967 to 27 March 1968 (9 months and 20 days) he performed duties as:

* an ammunition bearer and a forward observer while he was assigned to Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade, during the period 12 June 1967 to 1 February 1968
* fire direction computer operator while he was assigned to Company E, 4th Battalion, 31st Infantry, 196th Infantry Brigade, during the period 2 February 1968 to 24 March 1968

4.  His DA Form 20, item 41 (Awards and Decorations) shows he was authorized or awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and Combat Infantryman Badge.  His records also contain Special Orders Number 184 awarding him the Combat Infantryman Badge.

5.  His DD Form 214 shows he was honorably released from active duty on 25 March 1968.  He completed a total of 1 year, 11 months, and 22 days of creditable active service.

6.  His DD Form 214 shows the National Defense Service Medal.  It also shows in item 22c that he served in the U.S. Army Pacific (USARPAC) for an unknown amount of time and item 30 (Remarks) does not reflect his service in Vietnam. 

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency 


ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) and Tet Counteroffensive (30 January - 1 April 1968) campaigns.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows a unit the applicant was assigned to while serving in the RVN was awarded the Valorous Unit Award for the period 15 November 1967 through 3 February 1968.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN 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.

12.  Army Regulation 635-5 (Personnel Separations – Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It further prescribes for entering the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed in item 22c.

13.  Change Number 11 to Army Regulation 635-5, effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in "Remarks" section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows he served 8 months and 3 days in Germany and 9 months and 20 days in the RVN (USARPAC).  Therefore, he is entitled to amendment of item 22c of his DD Form 214 to show 1 year, 5 months, and 23 days and item 30 to read: "Vietnam 8 June 1967 – 27 March 1968."

2.  Special orders awarded him the Combat Infantryman Badge.  Therefore, he is entitled to have this badge added to his DD Form 214.
3.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 4 April 1966 through 25 March 1968 and add this award to his DD Form 214.

4.  He was awarded the Vietnam Service Medal and evidence shows he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars.

5.  His DA Form 20 shows he was authorized the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have this medal added to his DD Form 214.

6.  The applicant's units were awarded the Valorous Unit Award and RVN Gallantry Cross with Palm Unit Citation during his periods of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 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.  amending item 22c of his DD Form 214 to show 1 year, 5 months, and 23 days;

	b.  amending item 30 of his DD Form 214 to read: "Vietnam 8 June 1967 – 
27 March 1968";

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 April 1966 through 25 March 1968; 

	d.  deleting from his DD Form 214 the Vietnam Service Medal; and

	e.  adding to his DD Form 214 the Combat Infantryman Badge, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Valorous Unit Award, and RVN Gallantry Cross with Palm Unit Citation.




      _______ _   _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)                                         AR20120007307



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ABCMR Record of Proceedings (cont)                                         AR20120007307



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