IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120009207 


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 all awards and decorations associated with his service in Vietnam.

2.  The applicant states his DD Form 214 was never updated with all his service ribbons, awards, and decorations.  He served in Vietnam with 2nd Battalion, 22nd Infantry, 25th Infantry Division.

3.  The applicant provides his DD Form 214 and a DD Form 215 (Correction to DD Form 214), dated 5 December 1970.

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 was inducted into the Army of the United States on
13 September 1966.  He completed training and he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).

3.  Headquarters, 1st Armored Division, Fort Hood, TX, issued the following Special Orders (SO):

* SO Number 32, dated 13 February 1967, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar
* SO Number 39, dated 21 February 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Tank Bar

4.  Subsequent to MOS training and an assignment to Fort Hood, TX, he served in Vietnam from 26 January 1968 to 4 August 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry,
25th Infantry Division (Light).

5.  There is no derogatory information in the applicant's record that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Additionally, Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 12 September 1968 after completing 2 years of total active service, with no lost time.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service) – "See Item Number 30 (Remarks)"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – "See Item Number 30"
* Item 30 (Remarks) the entry "Separated on temporary records and Soldier's affidavit"

7.  On 5 December 1970, he was issued a DD Form 215 that corrected his last name and Service Number.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	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.  It states 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

	b.  The Republic of Vietnam Campaign Medal with Device (1960) 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.

	c.  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.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 22nd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 31 August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO
Number 51, dated 1971
11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated for:

* item 22c, enter the total active duty service 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., "USARPAC" (U.S. Army Pacific)
* item 24, enter the member's awards and decorations
* item 30, use for mandatory requirements when a separate block is not available and as a continuation entry

12.  Army Regulation 635-5, currently in effect, states that 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed 6 months and 9 days of foreign service in USARPAC (Vietnam) from 26 January 1968 to 4 August 1968.  His DD Form 214 neither listed his foreign service nor his major overseas command.  As such, he is entitled to correction of his DD Form 214 to show his foreign service and major overseas command.  Additionally, there will be no harm to the Army or the applicant if his Vietnam service from 26 January 1968 to 4 August 1968 is also listed in item 30 of his DD Form 214.

2.  Based on his period of service in Vietnam he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal.  Additionally, he participated in four campaigns during this period of service.  As such, he is entitled to four bronze service stars for wear on the Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He served a qualifying period of service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  He served honorably during the period 13 September 1966 through 12 September 1968.  He served a qualifying period of service, attained the rank/grade of SP5/E-5, and he received all "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 to correct his DD Form 214 to show this award.

6.  SOs awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Tank Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

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: 

* deleting from item 22c of his DD Form 214 the entry "See Item Number 30" and replacing it with the entry "USARPAC  00  06  09"
* awarding him the Army Good Conduct Medal (1st Award) for the period 13 September 1966 through 12 September 1968
* deleting from item 24 of his DD Form 214 the entry "See Item Number 30" and replacing it with the entry:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with 1960 Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Tank Bar

* Adding to item 30 of his DD Form 214 the entry "Service in Vietnam From 26 January 1968 to 4 August 1968"



      _______ _  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)                                         AR20120009207



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ABCMR Record of Proceedings (cont)                                         AR20120009207



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