IN THE CASE OF:	  

		BOARD DATE:  20 August 2013

		DOCKET NUMBER:  AR20120022798 


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 all awards he may be entitled to receive based on this service.

2.  He states he needs to be credited with his combat service in the RVN from 
17 March 1962 to 24 February 1963.

3.  He provides page 3 of his DA Form 24 (Service Record).

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 17 October 1960.  He served 
3 years on active duty, was honorably released from active duty on 16 October 1963, and transferred to the U.S. Army Reserve Control Group (Reinforcement). 

3.  His DD Form 214 shows in:

* Item 24c (Foreign and/or Sea Service) "I-32; 00  11  08"
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) Armed Forces Expeditionary Medal
* Item 32 (Remarks) contains the entry "Item 24c:  USARPAC (U.S. Army Pacific)"

4.  His DA Form 24 shows he served in the RVN from 21 March 1962 to 
24 February 1963 and was assigned to the 232nd Signal Company, 39th Signal Battalion.  

5.  His DA Form 24 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

6.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified 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.

7.  Army Regulation 672-5-1, in effect at the time, provided that the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through
14 August 1974, inclusive.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 232nd Signal Company, to which the applicant was assigned, was cited for the Meritorious Unit Commendation by Department of the Army General Orders Number 3, dated 1966. 


9.  Army Regulation 600-8-22 (Military Awards) provides for award of the RVN Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record credits him with 11 months and 8 days of foreign service in USARPAC.  Although there was no requirement in the regulation to list the country or the dates of service in item 32 at the time of his separation, there is no harm by adding this information to his DD Form 214.  Therefore, in the interest of equity, it would be appropriate to add his service in Vietnam to item 32 of his DD Form 214.

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 17 October 1960 through 16 October 1963 and correction of his DD Form 214 to show this award.

3.  He met the eligibility requirements for award of the NDSM.  Therefore, he is entitled to this award and to have it added to his DD Form 214.

4.  He served in the RVN from 21 March 1962 to 24 February 1963.  Therefore, he is entitled to award of the RVN Campaign Medal with Device (1960) and correction of his records to show this award.

5.  The evidence of record shows he is entitled to wear the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 AGCM (1st Award) for the period 17 October 1960 through 16 October 1963;

	b.  adding the AGCM, NDSM, RVN Campaign Medal with Device (1960) and the Meritorious Unit Commendation to item 26 of his DD Form 214; and 

   c.  adding to item 32 of his DD Form 214 "Vietnam 19620321 - 19630224."



      _______ _  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)                                         AR20120022798





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ABCMR Record of Proceedings (cont)                                         AR20120022798



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