IN THE CASE OF:	   

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007638 


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 his awards and decorations.

2.  The applicant states his DD Form 214 shows his unit, but it does not show his service in the RVN, the Vietnam Service Medal, or RVN Campaign Medal.

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 enlisted in the Regular Army on 26 March 1963 for a period of 3 years.  He was awarded military occupational specialty (MOS) 71B (Clerk Typist) and promoted to specialist four (SP4)/pay grade E-4 on 25 October 1964.

3.  The applicant's records contain a temporary DA Form 20 (Enlisted Qualification Record) that shows in item 31 (Foreign Service) the entry "USARYIS" (U.S. Army Ryukyu Islands) from 1 May 1965 through 22 March 1966.

4.  Headquarters, 173d Airborne Brigade (Separate), Special Orders Number 35, dated 4 February 1966, reassigned the applicant from Company A, 82d Aviation Battalion to the U.S. Army Transfer Station, Oakland, CA on 20 March 1966.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 March 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 11 months, and 28 days of net active service.  It also shows in:

   a.  item 12 (Last Duty Assignment and Major Command:  Company A,
82d Aviation Battalion, 173d Airborne Brigade, Army Post Office San Francisco  96250; USARYIS;

	b.  item 24 (Statement of Service), block c (Foreign and/or Sea Service), he served overseas in "USARPAC" (i.e., U.S. Army Pacific) for 10 months and 22 days;

	c.  item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):  "None" and "Sharpshooter (Rifle)"; and

	d.  item 32 (Remarks), no entry for service in the RVN.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  It shows that Department of the Army General Orders (DAGO) Number 17, dated 23 April 1968, awarded the Meritorious Unit Commendation to Company A, 82d Airborne Battalion, 173d Airborne Brigade (Separate) for exceptionally meritorious achievement in the performance of outstanding service in support of military operations in the RVN during the period May 1965 to July 1966.
	b.  Paragraph 6d shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

7.  A review of the unit history for the 173d Airborne Brigade at the website:  www.173rdairborne.com, shows, in part, "The 173d Airborne Brigade (Separate) was activated on the island of Okinawa on 26 March 1963.  The 'Sky Soldier' as the nationalist Chinese paratroopers called the 173d, made thousands of parachute jumps in a dozen different Pacific area countries.  The Brigade was the first Army unit sent to the Republic of South Vietnam in May 1965.  In the combat operations to follow, the paratroopers made their superb training payoff.  They were the first to go into 'War Zone D' to destroy enemy base camps.  They introduced small, long range patrols.  They fought the battles of the iron triangle, conducted the only major combat parachute jump in the Tay Ninh Area, and blocked North Vietnamese Army incursions during the bloodiest fighting of the war at 'Dak To' during the summer and fall of 1967, culminating in the capture of 'Hill 875.'"

8.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 200, dated 28 August 1963, show that the applicant qualified for the MOS Special Qualification Identifier of "Parachutist" and he was authorized the Parachutist Badge.

10.  Headquarters, 1st Brigade (Training), Fort Ord, CA, Special Orders Number 82, dated 6 May 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with (M-1) Rifle Bar.

11.  Headquarters, 82d Airborne Division, Fort Bragg, NC:

* Special Orders Number 13, dated 15 January 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Special Orders Number 69, dated 25 March 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

12.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).
13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	b.  The Vietnam Service Medal (VSM) 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam, participation credit was awarded for the:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

	c.  The RVN Campaign Medal with Device (1960) 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.

15.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.

   a.  It shows for item 26, list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

   b.  Subsequent to the applicant's release from active duty, a regulatory change was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and all of his awards and decorations.

2.  The evidence of record shows that while serving overseas during the period from 1 May 1965 through 22 March 1966, the applicant was assigned to Company A, 82d Aviation Battalion, 173d Airborne Brigade (Separate).  The evidence of record also shows that the unit was awarded the Meritorious Unit Commendation for outstanding service in support of military operations in the RVN during the period May 1965 to July 1966.  Thus, it would be appropriate to show his overseas service in the RVN in item 32 of his DD Form 214.

3.  The applicant's service in the RVN qualified him for the VSM.

	a.  Records show the applicant served during the Vietnam Defense Campaign and Vietnam Counteroffensive.

	b.  Therefore, it would be appropriate to correct his DD Form 214 by showing the VSM with two bronze service stars.

4.  The evidence of record shows:

	a.  the applicant qualified for award of the National Defense Service Medal;

	b.  general orders awarded the applicant's unit the:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation

	c.  special orders awarded him the:

* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 26 March 1963 through 
23 March 1966.

   a.  He was promoted to SP4/E-4 with 19 months of active service.

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, it would be appropriate to award the applicant this medal based on the available evidence.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations as recommended below.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
26 March 1963 through 23 March 1966 (Standard Name Line:  SP4, Company A, 82d Aviation Battalion, 173d Airborne Brigade (Separate), U.S. Army, Vietnam);

	b.  deleting the entries from item 26 of his DD Form 214;

	c.  adding the following awards to item 26 of his DD Form 214:

* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with (M-1) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

	d.  adding the entry:  "Vietnam Service:  1 May 1965 - 22 March 1966" to item 32 of his DD Form 214.




      _____________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)                                         AR20130007638



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ABCMR Record of Proceedings (cont)                                         AR20130007638



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