IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130006822 


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 in:

	a.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): 

* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars to be affixed to the Vietnam Service Medal 

	b.  Item 30 (Remarks) to show the entries:

* Service in Vietnam from 8 July 1966 to 8 July 1967
* Served in a designated imminent danger pay area
* Individual completed period for which ordered to active duty for the purpose of post-service benefits and entitlements
* Ordered to active duty in support of Vietnam Counteroffensive, Phase II, and Vietnam Counteroffensive, Phase III
* Member has completed full term of service

2.  He states the requested awards and citations were earned in Vietnam.  They were not recorded correctly on his DD Form 214. 


3.  The applicant provides: 
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988
* Extract from Army Regulation 635-5 (Separation Documents) currently in effect

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 was inducted into the Army of the United States (AUS) on 18 August 1965 and he held military occupational specialty 68G (Airframe Repairman).   

3.  Special Orders (SO) Number 213, issued by Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center - Infantry, Fort Dix, NJ, on 8 October 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from on or about 9 July 1966 to on or about 8 July 1967.  He was assigned to the 165th Transportation Detachment.  

5.  He was honorably released from active duty, as an overseas returnee, in the rank/grade of specialist four (SP4)/E-4 on 9 July 1967.  He completed 1 year, 10 months, and 22 days of active service with no lost time.  His DD Form 214 shows in:

* Item 22c (Statement of Service - Foreign and/or Sea Service), USARPAC (U.S. Army Pacific), 1 year
* Item 24, the Vietnam Service Medal, National Defense Service Medal, and Vietnam Campaign Medal
* Item 30, entries pertaining to his education, blood group, and permanent grade

6.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar, an item of clothing,  is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

7.  Department of the Army Pamphlet 672-3 shows during his tenure with the 165th Transportation Detachment, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1966 to 20 March 1967, based on Department of the Army General Orders (DAGO) Number 22, dated 1968; and from 27 March 1967 to 17 May 1968, based on DAGO Number 46, dated 1969, which amended DAGO Number 21, dated 1969. 

8.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase II, 1 July 1966-31 May 1967 
* Vietnam Counteroffensive, Phase III, 1 June 1967-29 January 1968

10.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record reveals no derogatory information in the form of lost time, a record of court-martial, or nonjudiciual punishment.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received an "excellent" conduct and efficiency ratings throughout the his military service.
11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

12.  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 the following guidance for preparation of the DD Form 214:

* item 22c showed the total active duty service 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"
* item 24 showed a member's awards and decorations
* item 30 was used for mandatory requirements, when a separate block was not available, and as a continuation entry

13.  Army Regulation 635-5, dated 15 September 2000 is currently in effect.  Chapter 2 contains guidance on the preparation of the DD Form 214. It states item 18 (Remarks) is used for mandatory Department of the Army entries when a separate block is not available, and as a continuation for entries in blocks 11 (Primary Specialty), 13 (Awards and Decorations), and 14 (Military Education).  Item 18 may include several entries:

	a.  One of the mandatory entries is "Soldier (has) or (has not) completed first full term of service.  This information assists the State in determining eligibility for unemployment compensation entitlement.  Routinely, a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.  However, if a Soldier reenlists before the completion of that period of service, the first term of service is effectively redefined by virtue of the reenlistment contract.

	b.  Another mandatory entry, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter the following three statements in succession. However, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter only the second statement:

* ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 USC (applicable section)
* SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)
* SOLDIER COMPLETED PERIOD FOR WHICH ORDERED TO ACTIVE DUTY FOR PURPOSE OF POSTSERVICE BENEFITS AND ENTITLEMENTS

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although multiple awards of this unit citation are not authorized for wear, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 

4.  He served honorably during the period 18 August 1965 through 9 July 1967. He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  The applicant completed 1 year of foreign service in Vietnam from on or about 8 July 1966 to on or about 8 July 19671.  His DD Form 214 correctly credited him with 1 year of foreign service in the USARPAC and this period of foreign service is correctly reflected in item 22c of his DD Form 214.  However, there would be no harm to the Army or the applicant if his Vietnam service is listed in item 30 of his DD Form 214.

6.  His period of service in Vietnam from July 1966 to July 1967 entitles him to two overseas service bars.  However, overseas service bars are items of clothing that are not listed on the DD Form 214.  

7.  With respect to the additional entries he requested be added to item 30, the applicant is either citing a regulation that was not in effect at the time he served or he is misreading the current regulation.  

	a.  First, he was neither a Reserve Component Soldier nor was he deployed with his unit.  He was inducted into the AUS and was individually reassigned to Vietnam.  The current regulation requires three statements for Reserve Soldiers ordered to active duty and deployed to a foreign country and only one statement for an active duty Soldier deployed with his or her unit during their continuous period of active service.  The one statement that would have applied in his case under current standards is satisfied by adding his Vietnam service to item 30 as indicated above. 

	b.  Second, specific campaigns are not listed in item 30 of the DD Form 214 (or item 13 of the current version).  Instead, a Soldier is awarded bronze service stars to be affixed to the appropriate service or campaign medal to designate campaign participation.  This is also satisfied by adding two bronze service stars to his already-awarded Vietnam Service Medal as indicated above. 

	c.  Third, the entry pertaining to completion or non-completion of first term of service applies to enlistees, not inductees.  In order to determine if an enlisted Soldier has completed the first full term of enlistment, one should refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net active service block of the DD Form 214.  Here, there is no enlistment or reenlistment contract.  In any case, he was honorably separated, which indicates he completed the period of his induction. 

	d.  Finally, Army Regulation 635-5 has been revised and/or changed multiple times over the years.  Each revision pertained to a particular period of time.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created and in accordance with the regulation in effect at the time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 (1st Award) for the period 18 August 1965 through 9 July 1967
* deleting the Vietnam Service Medal from item 24 of his DD Form 214 and adding the –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

* adding the statement "SERVICE IN VIETNAM FROM 9 JULY 1966 TO 8 JULY 1967" to item 30 of his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* adding two overseas service bars to item 24 of his DD Form 214
* adding the below entries to item 30 of his DD Form 214:

* Served in a designated imminent danger pay area
* Individual completed period for which ordered to active duty for the purpose of post service benefits and entitlements
* Ordered to active duty in support of Vietnam Counteroffensive, Phase II, and Vietnam Counteroffensive, Phase III
* Member has completed full term of service



      _______ _  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)                                         AR20130006822



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ABCMR Record of Proceedings (cont)                                         AR20130006822



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