BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130013431 


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, including the Army Good Conduct Medal (AGCM).

2.  The applicant states he served in the RVN from February 1966 to February 1967.

3.  The applicant provides no documentary evidence in support of his request.

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 29 September 1965.  He was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):  Vietnam from 22 February 1966 through 
8 February 1967; and

   b.  item 41 (Awards and Decorations):

* Vietnam Service Medal
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar

4.  Headquarters, Fort Jackson, SC, Special Orders Number 35, dated
10 February 1966, assigned the applicant to 1st Logistical Command (RVN) in February 1966.

5.  Headquarters and Headquarters Detachment (HHD), 1st Logistical Command, Unit Orders Number 9, dated 17 March 1966, promoted the applicant to private first class/pay grade E-3.  He was assigned to HHD, 1st Logistical Command (Civil Action).

6.  HHD, 1st Logistical Command, Unit Orders Number 55, dated 17 October 1966, promoted the applicant to specialist four (SP4)/pay grade E-4.  At the time, he was assigned to HHD, 1st Logistical Command (Civil Action).

7.  Headquarters, 1st Logistical Command, Special Orders Number 199, dated 22 October 1966, awarded the applicant MOS 64B2O (Heavy Vehicle Driver).  At the time, he was assigned to HHD, 1st Logistical Command (Civil Action).

8.  Headquarters, 1st Logistical Command, Special Orders Number 260, dated 29 December 1966, as amended by Special Orders Number 22, dated 
23 January 1967, reassigned the applicant from HHD, 1st Logistical Command (Civil Action) to Headquarters and Headquarters Company, 53d Aviation Battalion, Fort Rucker, AL, with a report date of 6 February 1967.

9.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 July 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 9 months, and 14 days of net active service.  It also shows in:
	a.  item 22 (Statement of Service), block c (Foreign and/or Sea Service), that he had completed 11 months and 17 days of foreign service;

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* Vietnam Service Medal (VSM)
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* one Overseas Service Bar
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar

	c.  item 30 (Remarks), no entry for service in the RVN.

10.  A review of the applicant's military personnel records failed to reveal evidence that he was awarded or authorized any additional awards.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 
1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional award orders pertaining to the applicant.

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout the period of his military service.  Further review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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 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.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  It shows HHD, 1st Logistical Command, was cited for award of the:

* Meritorious Unit Commendation for the period 1 January through 
31 December 1966 by Department of the Army General Orders (DAGO) Number 10 (1968)
* Meritorious Unit Commendation for the period 1 January 1967 through 
   15 April 1968 by DAGO Number 5 (1969)
* Presidential Unit Citation for the period 25 August 1966 through 4 April 1967 by DAGO Number 2 (1973)
Remarks:  Eligible personnel must show evidence of participation

	b.  It also shows an oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

	c.  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 subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  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.

17.  Army Regulation 635-5 (Separation Documents), in effect at the time, 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.  (Subsequent to the applicant's release from active duty, a regulatory change was introduced for 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 authorized awards and decorations.

2.  Records show the applicant was credited with service in Vietnam from 
22 February 1966 through 8 February 1967.  Thus, it would be appropriate to show this service in item 30 of his DD Form 214.

3.  The evidence of record shows:

	a.  the applicant qualified for award of the VSM and he served in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded VSM and

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

* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* RVN Gallantry Cross with Palm Unit Citation
 
   c.  he qualified for two Overseas Service Bars based on his service in Vietnam.

4.  The evidence of record also shows general orders awarded the applicant's unit the Presidential Unit Citation.  However, eligible personnel must show evidence of participation in the cited action.  There is no evidence that shows the applicant participated in the action.  Therefore, there is an insufficient evidentiary basis for correcting his records to show this unit award.

5.  The applicant served a period of continuous, honorable active duty enlisted service from 29 September 1965 through 12 July 1968.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   b.  He was promoted to SP4 (E-4) and he received all "excellent" conduct and efficiency ratings during his service.

   c.  Despite the absence of the unit commander's recommendation for award of the AGCM at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

6.  Therefore, 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 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 (1st Award) for the period 
29 September 1965 to 12 July 1968  (Standard Name Line:  SP4, Headquarters and Headquarters Company, 53d Aviation Battalion, Fort Rucker, AL);

	b.  deleting from item 24 of his DD Form 214 the:

* "VSMDL"
* "1 O/S Bar"

	c.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars


	d.  adding the entry:  "Vietnam Service:  22 February 1966-8 February 1967" to item 30 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)                                         AR20130013431



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ABCMR Record of Proceedings (cont)                                         AR20130013431



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