IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120018881 


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 service in the Republic of Vietnam (RVN) and his awards and decorations.

2.  The applicant states he requested a copy of his DD Form 214.  He was provided Copy 2, but not Copy 4, and it does not show his service in the RVN.

	a.  He has the orders that awarded him the Bronze Star Medal with "V" Device for his actions in the RVN in December 1963, but he has no other documentation to prove he served in the RVN.

	b.  He requires this correction for purposes of obtaining veterans' benefits.

3.  The applicant provides copies of his DD Form 214 and award orders.

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 18 July 1961 for a period of 3 years.  He was awarded military occupational specialty 911 (Medical Specialist).

3.  The applicant's DA Form 24 (Service Record) shows in:

	a.  Section 1 (Appointments, Promotions, or Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 31 October 1963;

	b.  Section 4 (Chronological Record of Military Service):

		(1)  Company C, 1st Special Forces Group (Airborne), 1st Special Forces, from 6 February 1963 through 11 July 1964; and

		(2)  he received "excellent" conduct and efficiency ratings throughout the entire period of his military service, except during the period 27 March through 12 April 1962 when he received ratings of "unknown";

	c.  Section 5 (Service Outside Continental United States (CONUS)):

* departed CONUS on 4 February 1963
* arrived in Okinawa on 5 February 1963
* departed Okinawa on 29 September 1963
* arrived in Vietnam on 29 September 1963
* departed Vietnam on 26 March 1964
* arrived in Okinawa on 26 March 1964
* arrived in CONUS on 12 July 1964

4.  U.S. Military Assistance Command, Vietnam, General Orders Number 561, dated 17 November 1964, awarded the applicant the Bronze Star Medal with "V" Device for heroism in the RVN on 13 and 14 December 1963.

5.  The applicant's military personnel records contain Copy 2 and Copy 5 of his DD Form 214.  His DD Form 214 shows he was honorably released from active duty on 13 July 1964 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 11 months, and 26 days of net active service.  It also shows in:

	a.  item 24c (Foreign and/or Sea Service), he served overseas in "USARPAC" (i.e., U.S. Army Pacific) for 1 year, 5 months, and 9 days; and

	b.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* Expert Marksmanship Qualification Badge with Rifle (M-1) and Carbine (M-2) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Combat Infantryman Badge
* AFEM

	c.  item 32 (Remarks), no entry for service in the RVN.

6.  During the processing of this case, an ABCMR staff member contacted the applicant to determine if he wanted his DD Form 214 corrected to show the Bronze Star Medal with "V" Device and also to determine if he had a preference regarding award of the Vietnam Service Medal (VSM) in lieu of the AFEM for his service in the RVN.  The applicant confirmed that he wanted his records corrected to show all of his authorized awards and he also expressed his desire for award of the VSM in lieu of the AFEM.

7.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, 3rd Training Regiment, Fort Jackson, SC, Special Orders Number 232, dated 20 November 1961, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle (.30 caliber) Bar.

9.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

10.  Army Regulation 672-5-1 (Military 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  The AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  The AFEM is authorized for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive).

	c.  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.

		(1)  Individuals who qualified for the AFEM by reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) remain qualified for that medal.  Upon request, any such individual may be awarded the VSM instead of the AFEM.  In such instances, the AFEM will be deleted from the list of authorized medals in personnel records.  No person will be entitled to both awards for Vietnam service.

		(2)  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Table B-1 contains a list of Vietnam Conflict campaigns and shows participation credit was awarded for the Vietnam Advisory Campaign (15 March 1962 to 7 March 1965) during the applicant's service in Vietnam.

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.

	a.  A review of the pamphlet failed to reveal that the applicant's unit was awarded any U.S. unit awards during his period of service in the RVN.

	b.  Paragraph 6d shows that 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.

13.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional award orders pertaining to the applicant.

14.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Subsequent to the applicant's release from active duty, a regulatory change was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and all of his awards and decorations.

2.  Records show the applicant was credited with service in Vietnam from 29 September 1963 through 26 March 1964.  Thus, it would be appropriate to show this service in item 32 of his DD Form 214.

3.  The applicant's service in the RVN qualified him for award of the AFEM.  His service also qualified him for the VSM.

	a.  The regulatory guidance states the applicant has the option of electing award of the VSM in lieu of the AFEM and the applicant requests award of the VSM in lieu of the AFEM.

	b.  Records show the applicant participated in the Vietnam Advisory Campaign.

	c.  Therefore, it would be appropriate to correct his DD Form 214 by deleting award of the AFEM and replacing it with the VSM with one bronze service star.

4.  The evidence of record shows:

	a.  general orders awarded him the Bronze Star Medal with "V" Device;

	b.  the applicant qualified for award of the National Defense Service Medal;

	c.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

	d.  special orders awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle (.30 caliber) Bar.

5.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 18 July 1961 through 13 July 1964.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He was awarded the Bronze Star Medal with "V" Device for heroism and the Combat Infantryman Badge for satisfactory service in ground combat in the RVN.

	c.  He was promoted to SGT/E-5.

	d.  He received "excellent" conduct and efficiency ratings during his service.

	e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, it would be appropriate to award the applicant this medal based on the available evidence.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations as recommended 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 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 18 July 1961 through 13 July 1964 (Standard Name Line:  SGT, Company C, 1st Special Forces Group (Airborne), 1st Special Forces, U.S. Military Assistance Command, Vietnam);

	b.  deleting the AFEM from item 26 of his DD Form 214;

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* VSM with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

	d.  adding the entry:  "Vietnam Service:  29 September 1963-26 March 1964" to item 32 of 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)                                         AR20120018881



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ABCMR Record of Proceedings (cont)                                         AR20120018881



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