IN THE CASE OF:	  

		BOARD DATE:	 15 October 2013 

		DOCKET NUMBER:  AR20130004204 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in the Republic of Vietnam (RVN).

2.  The applicant states his service in the RVN should have been shown on his DD Form 214.

3.  The applicant provides copies of his:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards), dated 10 October 1984

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 26 June 1964, the applicant enlisted in the Regular Army.  He subsequently completed his initial training and was awarded military occupational specialty 68G (Airframe Repairman).

3.  Special Orders Number 239, Fort Eustis, VA, dated 14 December 1964, as amended by Special Orders, Fort Eustis, VA, dated 4 January 1965, assigned the applicant to the 330th Transportation Company in the RVN, with an arrival month of January 1965.

4.  Special Orders Number 47, 765th Transportation Battalion, dated 15 March 1966, directed the applicant's movement from the RVN to the United States with a due date of on or about 20 March 1966.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates:

	a.  in Item 31 (Foreign Service): that he served in the RVN from 7 January 1965 to 21 March 1966; and

	b.  in Item 38 (Record of Assignments): that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal.

6.  On 23 August 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E-5, and he had completed 
2 years, 11 months, and 28 days of creditable active duty service.

7.  The applicant's DD Form 214 shows in:

* Item 13a (Character of Service) Honorable
* Item 24c (Foreign Service) 1 year, 2 months and 15 days U.S. Army Pacific (USARPAC)
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Item 30 (Remarks) does not reflect any service in the RVN


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

	a.  This regulation provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States for qualifying service in the RVN 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.

	b.  This regulation provides for award of the Vietnam Campaign Medal with 1960 Device.  This medal 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.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaigns: Vietnam Advisory, Vietnam Defense, and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 330th Transportation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 3, dated in 1967 for award of the Meritorious Unit Commendation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

11.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside of the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in Item 24c.  Later versions of this regulation required that the inclusive dates of service in the RVN performed on or after 5 August 1964 would be listed in the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to reflect his service in the RVN.

2.  The evidence of record clearly shows the applicant served in the RVN from on or about 7 January 1965 to 21 March 1966.  Accordingly, his DD Form 214 should be corrected to reflect this foreign service.

3.  Records show the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars.

4.  Records show the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

6.  Records show the applicant served during a qualifying period for award of the RVN Campaign Medal with 1960 Device.  Therefore, his DD Form 214 should be corrected to show this award.

7.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of specialist five and receiving all excellent conduct and efficiency ratings.  Therefore, it is presumed he did not receive the Army Good Conduct Medal due to an oversight.  Accordingly, he should be awarded this medal.


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 Army Good Conduct Medal for the period from 26 June 1964 to 23 June 1967;

	b.  adding in Item 26 of his DD Form 214:

* Army Good Conduct Medal
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device

	c.  adding in Item 30 of his DD Form 214:  VIETNAM SERVICE: 
7 JANUARY 1965 THROUGH 21 MARCH 1966.



      ____________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)                                         AR20130004204



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ABCMR Record of Proceedings (cont)                                         AR20130004204



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