IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010372 


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 last name spelled as "SHEPHERD" vice "SHAPARD" and to show award of the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states the errors and omissions were oversights by the clerk who typed his DD Form 214.

3.  He provides his DD Form 214 and a copy of his Department of Veterans Affairs identification card.

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 25 February 1964 under the last name "SHEPHERD."

3.  All of the official documents contained in his U.S. Army Military Human Resource Record show his last name as "SHEPHERD."

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in Vietnam from 1 September 1969 through 10 October 1970;

	b.  item 38 (Record of Assignments) that he:

		(1)  served with Company D, 36th Signal Battalion, from 7 September 1969 through 28 February 1970;

		(2)  served with the 542d Signal Company from 1 March through 10 October 1970; and

		(3)  received all "excellent" conduct and efficiency ratings throughout his service.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  He was honorably released from active duty on 10 October 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his last name as "SHAPARD."  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Marksmanship Marksman Qualification Badge with Rifle Bar (M-14)
* Expert Marksman Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)

7.  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.  It states a bronze service star is authorized with the Vietnam Service Medal 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 the following campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

8.  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 qualifying 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.

9.  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.

10.  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 establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time of the applicant's discharge states the DA Form 20 along with all available documents in the official military personnel records were the source records for entries on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The last name shown on his DD Form 214 is incorrectly spelled as "SHAPARD."  It is apparent that an administrative error occurred during the preparation of this form.  Therefore, it would be appropriate to correct this error by amending item 1 of his DD Form 214 to show his last name as "SHEPHERD."

2.  All units assigned to Headquarters, U.S. Army Vietnam, were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit citation.

3.  The evidence of record shows he was eligible for award of the Vietnam Service Medal and that he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this medal and service stars.

4.  The available evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have disqualified him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 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 6 March 1969 through 10 October 1970; and

	b.  deleting the last name "SHAPARD" from item 1 of his DD Form 214 and replacing it with the last name "SHEPHERD"; and

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
 
 
 
      ____________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)                                         AR20120010372



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ABCMR Record of Proceedings (cont)                                         AR20120010372



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