IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120020333 


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 foreign service in Vietnam and related service medals.

2.  The applicant states he served in Quin Yon, Vietnam, for 5 or 6 weeks until his father passed away.

3.  The applicant provides his DD Form 214 effective 20 November 1968.

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's records show he enlisted in the Regular Army for 3 years on 17 October 1967 and held military occupational specialty 35M (Avionic Navigation Equipment Repairman).

3.  His records show he arrived in Vietnam on or about 3 June 1968 and he was assigned to the 540th Transportation Company, U.S. Army Pacific (USARPAC).  He departed Vietnam on 4 July 1968 on emergency leave and did not return.

4.  He was honorably released from active duty on 20 November 1968 in the rank/grade of private first class/E-3 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).

5.  The applicant's DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.  The document does not show that he completed any foreign service.

6.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) 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.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign listed in Appendix B.  Vietnam campaign participation credit was awarded for the following two campaigns during his service in Vietnam:

* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968
* Vietnam Counteroffensive Phase V – 1 July-1 November 1968

	c.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 540th Transportation Company was awarded the following unit awards during its service in Vietnam:

* Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance for preparation of the DD Form 214.  It stated item 22c (Foreign and/or Sea Service) would show total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC.  Furthermore, item 30 (Remarks) was used for Department of the Army mandatory requirements, when a separate block was not available, and as a continuation entry.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  He served in Vietnam from 3 June to 4 July 1968, a period of 1 month and 2 days.  His DD Form 214 inadvertently listed no foreign service in Vietnam.  Therefore, he is entitled to correction of item 22c of his DD Form 214 to show 1 month and 2 days of foreign service.  Furthermore, the regulation required an entry in item 22c documenting the last overseas theater in which the foreign service was performed.  Therefore, he is also entitled to correction of item 22c to show USARPAC.

2.  At the time of his separation, there was no regulatory requirement to record service in Vietnam on the DD Form 214.  However, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 of his DD Form 214.

3.  General orders awarded his unit of assignment the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served a qualifying period of service for award to the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in Vietnam.  Therefore, he is authorized award of the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

5.  His record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal and correction of his records to show this award. 

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 awarding him the Army Good Conduct Medal for the period 17 October 1967 through 20 November 1968 and amending his DD Form 214 as follows:

* adding the entries "USARPAC" and "00  01  02" to item 22c
* adding the following awards to item 24 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* adding the entry "Vietnam Service – 3 June 1968-4 July 1968" to item 30



      _____________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)                                         AR20120020333



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ABCMR Record of Proceedings (cont)                                         AR20120020333



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