IN THE CASE OF:	  

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130011723 


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 his Vietnam service awards be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 30 August 1965.

2.  The applicant states he served in Vietnam, but his awards are not shown on his DD Form 214.  He needs this correction to obtain Department of Veterans Affairs (VA) benefits for "boots on the ground" service in Vietnam.

3.  The applicant provides his:

* DD Form 214
* DD Form 4 (Enlistment Record, Armed Forces of the United States)
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
* Service medical and dental records

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 31 August 1962, he enlisted in the Regular Army.  

3.  Section 2 - Chronological Record of Military Service of his DA Form 24 shows he was:

* assigned to the 362nd Signal Company, 39th Signal Battalion in Vietnam from 7 - 23 June 1963
* on temporary duty to Headquarters and Headquarters Detachment, 
9th Logistics Command in Thailand from 27 June - 12 September 1963
* attached to the 379th Signal Battalion in Thailand from 13 September - 
26 December 1963
* assigned to the 207th Signal Company in Thailand from 27 December 1963 - 22 May 1964

4.  Section 9 - Medals, Decorations, and Citations of his DA Form 24 shows he was awarded:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal 

5.  On 30 August 1965, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence he received the first award of the Army Good Conduct Medal.  He received an efficiency rating of "Good (A)" while attending a service school.  He received "excellent" conduct and efficiency ratings throughout his remaining military service.  He had no record of court-martial.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant’s assignment to the 362nd Signal Company, 39th Signal Battalion the unit was awarded the Meritorious Unit Commendation (Army) for the period from February 1962 - June 1965.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  

9.  Interim Change Number 11, dated 26 January 1970, to Army Regulation 635-5 (Separation Documents), dated 23 January 1967, stated the inclusive dates of service in Vietnam during the current period of service were to be entered in item 30 (Remarks).

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated:

	a.  The Army Good Conduct Medal was awarded each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  The enlisted person must have had all “excellent” conduct and efficiency ratings. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.   

	b.  The Armed Forces Expeditionary Medal was awarded for service in Vietnam from 1 July 1958 to 3 July 1965.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.  The applicant received an efficiency rating of "Good (A)" while attending service school.  He received conduct and efficiency ratings of “excellent” or “unknown throughout his remaining service.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his service from 31 August 1962 to 30 August 1965.

2.  Section 9 of his DA Form 24 shows he was authorized the Armed Forces Expeditionary Medal.  The records show this was for his service in Vietnam.  Therefore, it is appropriate to add the Armed Forces Expeditionary Medal (Vietnam) to his DD Form 214.

3.  Based on his service with the 362nd Signal Company he is entitled to the 
Meritorious Unit Commendation (Army).  

4.  He is entitled to the National Defense Service Medal.

5.  Based on his service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.   Interim Change Number 11 to Army Regulation 635-5,dated 23 January 1967, stated the inclusive dates of service in Vietnam during the current period of service were to be entered in item 30.  Therefore, as an exception to policy, it would be appropriate to add the dates of his service in Vietnam, from
7 June 1963 to 23 June 1963, to item 32 of his DD Form 214.

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 (First Award) for the period of service 31 August 1962 to 30 August 1965.

	b.  Adding the following awards to his DD Form 214:

* Army Good Conduct Medal (First Award)
* Meritorious Unit Commendation (Army) 
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Vietnam)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  Adding the following entry to item 32 of his DD Form 214:  "Vietnam Service:  7 June 1963 - 23 June 1963."




      _______ _   __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)                                         AR20130011723



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ABCMR Record of Proceedings (cont)                                         AR20130011723



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