BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120017048 


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 (Report of Transfer or Discharge) for the period ending 9 March 1971 to show his date of entry as
8 July 1966.  He also requests correction of his DD Form 214 to show all of his awards, including the Army Good Conduct Medal.

2.  The applicant states his 1971 DD Form 214 only shows his reenlistment date of 8 July 1968.  His awards should include the Army Good Conduct Medal.

3.  The applicant provides a copy of his DD Forms 214 for the period ending
11 July 1968 and 9 March 1971.

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 enlisted in the Regular Army on 8 July 1966 for a period of
3 years.   He completed training and he was awarded military occupational specialty 11C (infantry indirect fire crewman).

3.  On 3 March 1967, he departed the United States en route to Vietnam.  He arrived to Vietnam on 3 April 1967.

4.  On 30 October 1967, he departed Vietnam en route to Korea.  He arrived in Korea on 14 December 1967 and he continued to serve until 28 May 1968, at which time he departed Korea en route to his next assignment at Fort Dix, NJ.

5.  He arrived at Fort Dix on 27 June 1968.  He was honorably discharged on
11 July 1968 for the purpose of immediate reenlistment.  On 12 July 1968, he reenlisted for a period of 6 years.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* "DISB" (Acronym unknown)

6.  On 31 January 1969, while assigned as a drill instructor at Fort Dix, he was tried by a general court-martial for committing serious offenses against a trainee.  His sentence included a bad conduct discharge.  After the appropriate appellate reviews and Article 71(c) having been complied with, the applicant was discharged on 9 March 1971.  The DD Form 214 he was issued at the time shows his date of entry this period as 12 July 1968.  It also shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 29 (Qualifications in Arms), he qualified expert with the 81 mm mortar, marksman with the M-14 rifle, and marksman with the M-16 automatic rifle
* item 33 (Appointments and Reductions), he was reduced to private first class (PFC)/E-3 on 15 October 1968 and to private (PV1)/E-1 on 7 April 1969
* item 38 (Record of Assignment), while in Vietnam he was assigned to Company A, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade from 9 April through 29 October 1967
* item 38, while assigned in Korea he was assigned to Company C,
2nd Battalion, 17th Infantry, 7th Infantry Division from 14 December 1967 to 28 May 1968
* item 38, he received "poor" and "fair" conduct and efficiency ratings from 12 July 1968 to 16 April 1969, and "good" and "fair" conduct and efficiency ratings from 30 September 1970 to 9 March 1971
* item 41 (Awards and Decorations) the same awards as shown on his
DD Form 214 for the period ending 9 March 1971

8.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the first award of the Army Good Conduct Medal.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  item 17c, enter date entered on active duty or date enlistment or reenlistment was accomplished, whichever was last.

	b.  item 24, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.

10.  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.  There must have been no convictions by a court-martial.

11.  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, special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  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 ___ campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  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.  A DD Form 214 is intended to summarize a distinct period of continuous active duty service.  The applicant's first period of enlistment ended when he was honorably discharged on 11 July 1968 for the purpose of immediate reenlistment.  A DD Form 214 for the period 8 July 1966 through 11 July 1968 was issued, which he provided a copy of and is contained in his record.  He reenlisted on
12 July 1968 and he was subsequently discharged on 9 March 1971.  He also provided a copy of his DD Form 214 for this period of service, which is also contained in his record.  He was properly issued separate DD Forms 214 for his two periods of service with the appropriate entry dates.  Therefore, there is no basis for granting this portion of his request.


2.  Evidence shows the applicant received conduct and efficiency ratings of "Poor/Fair" and "Good/Fair" during two periods of assignment.  He was also convicted by a general court-martial during his period of service.  As a result, these incidents rendered him ineligible for the Army Good Conduct Medal.  Therefore, there is no basis for granting this portion of his request.

3.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 9 March 1971 should be corrected to show these bronze service stars.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 for the period ending 9 March 1971 should be corrected to show this unit award.

5.  The applicant served in Korea during a qualifying period of service for the Korea Defense Service Medal.  Therefore, his DD Form 214 for the period ending 9 March 1971 should be corrected to show this award.

6.  Evidence shows the applicant qualified expert with the 81 mm mortar, marksman with the M-14 rifle, and marksman with the M-16 automatic rifle.  Therefore, his DD Form 214 for the period ending 9 March 1971 should be corrected to show the appropriate marksmanship badges.

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.  deleting from his DD Form 214 for the period ending 9 March 1971 the Vietnam Service Medal, and
	b.  adding to his DD Form 214 for the period ending 9 March 1971 the:

* Vietnam Service Medal with two bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

2.  The Board further determined that 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:

* Changing the date of entry on his DD Form 214 for the period ending
9 March 1971
* Adding the Army Good Conduct Medal to his DD Form 214 for the period ending 9 March 1971



      _________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)                                         AR20120017048



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ABCMR Record of Proceedings (cont)                                         AR20120017048



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