BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130004626 


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 Vietnam service.

2.  The applicant states item 22c (Foreign and/or Sea Service) of his DD Form 214 does not reflect his service in the U.S. Army Pacific (USARPAC) in Vietnam. He was there for 18 months.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 18 August 1966.  He was trained in and served in military occupational specialty 11H (Infantry Indirect Fire Crewman).

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

* item 29 (Qualification in Arms) he qualified marksman with the M-14 rifle on 29 September 1966
* item 31 (Foreign Service) he served in Vietnam from 17 February 1967 to 24 September 1968
* item 38 (Record of Assignments) he was assigned to 1st Battalion,
28th Infantry Regiment, 1st Infantry Division in Vietnam from 2 March 1967 to 19 September 1968 wherein he departed Vietnam en route to the United States
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service

4.  His record is void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  Special Orders Number 301, issued by Headquarters, Fort Polk, LA, dated
21 November 1966, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

6.  Special Orders Number 319, issued by the same headquarters, dated
10 December 1966, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm).

7.  General Orders Number 1754, issued by Headquarters, 1st Infantry Division, dated 28 February 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam for the period February 1967 to February 1968.

8.  General Orders Number 10828, issued by the same headquarters, dated
12 October 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam for the period February to August 1968.

9.  General Orders Number 11109, issued by the same headquarters, dated
19 October 1968, awarded him the Air Medal (10th oak leaf cluster) for meritorious achievement while participating in aerial flight in Vietnam for the period 31 August to 3 September 1968.

10.  On 23 September 1968, the applicant was honorably released from active as an overseas returnee.  He completed 2 years, 1 month, and 7 days of total active service.  His DD form 214 shows in:

* Item 22c no entry (blank)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* ARCOM (Army Commendation Medal)
* NDSM (National Defense Service Medal)
* VNCM (Republic of Vietnam Campaign Medal with Device (1960))
* CIB (Combat Infantryman Badge)
* 3 OSS Bard (3 Overseas Service Bars)

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed
* item 24, enter all decorations, service medals, campaign credit, and badges awarded or authorized
* item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  To show service in Vietnam only, enter "Vietnam--25 Apr 70 through 28 May 71, Indochina--yes, Korea--no."

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that a bronze service star is authorized with this 

award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

	b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

13.  Army Regulation 672-5-1 (Awards) 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 28th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to document his Vietnam service.

2.  The available evidence confirms the applicant served in Vietnam from 17 February 1967 to 19 September 1968, a period of 1 year, 7 months, and 

3 days.  Therefore, item 22c of his DD Form 214 should be corrected to show
this period of foreign service.

3.  Based on his service in Vietnam, item 30 should be corrected to add the entry "Vietnam--17 February 1967 through 19 September 1968, Indochina--yes,
Korea--no."

4.  The applicant served during a qualifying period of service for the Vietnam Service Medal.  He also participated in five campaigns during this period of service that entitles him to one silver service star for wear on the Vietnam Service Medal.  Therefore, he is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  General orders awarded the applicant two awards of the Army Commendation Medal.  His DD Form 214 currently shows only one such award.  Therefore, his DD Form 214 should be corrected to reflect both awards.

7.  General orders awarded him the Air Medal (10th oak leaf cluster).  Numerals are now used in place of oak leaf clusters; therefore, his DD Form 214 should be corrected to show the Air Medal with Numeral "11."

8.  Special orders awarded him the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) and Recoilless Rifle (106 mm) Bars.  Therefore, his
DD Form 214 should be corrected to show these marksmanship badges.

9.  Records further show he qualified marksman with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  It appears he was not awarded the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period

18 August 1966 through 23 September 1968 and to correct his DD Form 214 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 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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
18 August 1966 through 23 September 1968;

	c.  adding to item 22c of his DD Form 214 the entry "1  7  3";

	d.  adding to item 24 of his DD form 214 the:

* Air Medal with Numeral "11"
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar (106 mm)
* Expert Marksmanship Qualification Badge Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar

	e.  adding in item 30 of his DD form 214 the entry "Vietnam--17 February 1967 through 19 September 1968, Indochina--yes, Korea--no."



      __________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)                                         AR20130004626



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ABCMR Record of Proceedings (cont)                                         AR20130004626



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