IN THE CASE OF:	  

		BOARD DATE:  18 March 2014

		DOCKET NUMBER:  AR20130012784 


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 the Vietnam Commendation Ribbon (determined to be the Vietnam Service Medal).

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 11 January 1966, does not show his period of service in Vietnam.  He provides a description of his period of service with the 6th Battalion, 14th Artillery in Vietnam.

3.  The applicant provides:

* DD Form 214
* a Travel Voucher for 31 December 1965 to 11 January 1966
* Foreign Travel Itinerary for the period 31 December 1965 to 9 January 1966
* DA Form 2139 (Military Pay Voucher), dated 11 January 1966
* DA Form 2139 for the period 1 - 31 December 1965
* a Letter of Appreciation, dated 31 December 1965, from the 6th Battalion, 14th Artillery

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 15 January 1964, he was inducted into the Army of the United States.  

3.  On 3 April 1964, he was assigned to the 6th Battalion, 14th Artillery at Fort Sill, OK.

4.  On 13 February 1965, he accepted nonjudicial punishment (NJP) for failing to clean his assigned area in the barracks as ordered.  

5.  Item 31 (Foreign Service) and item 38 (Record of Assignments) of his 
DA Form 20 (Enlisted Qualification Record) show he deployed with the 6th Battalion, 14th Artillery to Vietnam on 4 October 1965.  He served with that unit in Vietnam until 9 January 1966.

6.  On 11 January 1966, he was released from active duty.  He completed
1 year, 11 months, and 27 days of active service that was characterized as honorable.  Item 30 (Remarks) of his DD Form 214 does not contain an entry showing the dates of his service in Vietnam.  His DD Form 214 shows he was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his military service.  He had no record of court-martial.

8.  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.  This pamphlet shows that, during the time of the applicant’s assignment to the 6th Battalion, 
14th Artillery the unit was awarded the:
* 
Presidential Unit Citation (Army) - 23 October - 26 November 1965
* Meritorious Unit Commendation (Army)  - 27 November 1965 - 
10 November 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 23 October 1965 - 23 June 1970

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  

	b.  The Vietnam Service Medal was 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.  

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	d.  Table B-1 includes the following Vietnam campaigns: 

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

10.  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).

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.   While any record of NJP could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the minor nature of the offense for which he received NJP and the fact that he received conduct and efficiency ratings of “excellent” from the same unit that imposed the NJP and throughout his service, his NJP is not in conflict with recognizing his service as exemplary.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his service from 15 January 1964 to 11 January 1966.

2.  Based on his service with the 6th Battalion, 14th Artillery he is entitled to the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

4.  Based on his service in Vietnam he is entitled to the Vietnam Service Medal with two bronze service stars.

5.  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
4 October 1965 to 9 January 1966, to item 30 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 15 January 1964 to 11 January 1966.

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

* Army Good Conduct Medal (First Award)
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  Adding the following entry to item 30 of his DD Form 214:  "Vietnam Service:  4 October 1965 - 9 January 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)                                         AR20130012784



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ABCMR Record of Proceedings (cont)                                         AR20130012784



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