IN THE CASE OF:	  

		BOARD DATE:  31 January 2013

		DOCKET NUMBER:  AR20120013209 


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 social security number (SSN) as "XXX-XX-5XXX"
* all medals he earned to include the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), and Republic of Vietnam (RVN) Campaign Medal

2.  He states when he was released from active duty he was rushed through outprocessing.  He doesn't know if the Vietnam medals were awarded at that time.  The fact that they are missing was brought to his attention by a Veterans Service Officer.

3.  He provides his DD Form 214.

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.  On 5 February 1964, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 05B (radio teletype operator).

3.  His record contains a DD Form 398 (Statement of Personal History), DA Form 20 (Enlisted Qualification Record), and DA Form 24 (Service Record) showing the SSN he provides in his application.

4.  Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he served in the U.S. Army Pacific from 16 September 1965 to 27 January 1966 with Company A, 13th Signal Battalion, 1st Cavalry Division, Vietnam.

5.  Section 2 of his DA Form 24 also shows he received "excellent" conduct and efficiency ratings during the period 5 February 1964 to 27 June 1965, with the exception of one unrated period while he was assigned to a reception battalion.  The record does not show conduct and efficiency ratings for the period 5 to 13 February 1964 while he was assigned to a reception battalion or his conduct and efficiency ratings subsequent to 27 June 1965.

6.  His record is void of documentation showing he was the subject of any disciplinary actions during his service.

7.  On 30 January 1966, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  He completed 1 year, 11 months, and 26 days of total active service and 5 months and 10 days of foreign service.

8.  His DD Form 214 shows:

	a.  he was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle) and Marksman Marksmanship Qualification Badge (Rifle M-14); and

	b.  his SSN is entered as "XXX-XX-3XXX" item 32 (Remarks).

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

	a.  The NDSM 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.

	b.  The VSM 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.

	c.  A bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:  Vietnam Defense Campaign (8 March-24 December 1965) and Vietnam Counteroffensive (25 December 1965-30 June 1966).

	d.  The RVN 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.  Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces.  Individuals who qualified for award of the VSM or the Armed Forces Expeditionary Medal and served for less than 6 months are also entitled to award of the RVN Campaign Medal with Device (1960) if they were:

* wounded as a result of hostile action 
* captured by hostile forces but later escaped or were rescued or released
* killed in action or otherwise in line of duty

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 13th Signal Battalion was cited for award of the:
* Presidential Unit Citation (PUC) for the period 23 October to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Meritorious Unit Commendation (MUC) for the period September 1965 to March 1967 by DAGO Number 17, dated 1968

12.  DAGO 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN was recorded as "XXX-XX-5XXX" throughout his service and it appears the SSN entered on his DD Form 214 contains a typographical error.  It would be appropriate to correct his DD Form 214 to show the SSN he provides in his application.

2.  He served during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Based on his service in Vietnam, he is eligible for the VSM with two bronze service stars.  Therefore, he is entitled to correction of his record to show this award.

4.  Where recorded, his conduct and efficiency ratings were "excellent," he was promoted to SP4/E-4, and there is no record of disciplinary action taken against him.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 February 1964 to 30 January 1966 and to correct his DD Form 214 to show this award.

5.  He served in the 13th Signal Battalion in Vietnam during a period for which the unit was cited for award of the PUC, MUC, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The evidence of record does not indicate his service in Vietnam met the criteria for award of the RVN Campaign Medal with Device (1960).  In the absence of evidence showing he served in Vietnam for 6 months or that he was wounded or captured by hostile forces, there is an insufficient basis for correcting his DD Form 214 to show this award.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  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 partial 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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 February 1964 to 30 January 1966;

	b.  amending item 32 his DD Form 214 to show the SSN he provides in his application; and

	c.  adding to item 26 of his DD Form 214:

* AGCM (1st Award)
* NDSM
* VSM with two bronze service stars
* PUC
* MUC
* RVN Gallantry Cross with Palm Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the RVN Campaign Medal.



      _______ _  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)                                         AR20120013209



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ABCMR Record of Proceedings (cont)                                         AR20120013209



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