IN THE CASE OF: 

		BOARD DATE:	  15 April 2014 

		DOCKET NUMBER:  AR20130014448 


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 that his DD Form 214 (Armed Forces of the United States Report of Separation) be corrected to reflect his service in Vietnam.

2.  The applicant states, in effect, that he served in Vietnam prior to being stationed in Alaska; however, it is not reflected on his DD Form 214.  

3.  The applicant provides copies of his DD Form 214 and service record.

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 were not available for review by the Board; however, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3.  The applicant enlisted in the Regular Army on 18 September 1962 for a period of 3 years.  He completed basic training and advanced individual training as a communications center specialist before being transferred to Vietnam on 
14 March 1963.

4.  He was assigned to Headquarters and Headquarters Detachment, 36th Signal Battalion and served with that unit in one campaign until he departed Vietnam on 19 February 1964 for assignment to Alaska.

5.  On 10 September 1965, he was honorably released from active duty (REFRAD) in the rank of sergeant.  He had served 2 years, 11 months, and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  However, his DD Form 214 contains no data to indicate his service in Vietnam.

6.  The service record provided by the applicant shows that he received “excellent” conduct and efficiency ratings throughout his service.  There is no indication of any reductions in grade and he achieved the rank of sergeant.  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and 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.  

8.  Army Regulation 600-8-22 (Military Awards) states 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.  

9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam 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.  


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 14 March 1963 – 19 February 1964.  Although not required at the time, it would be appropriate to add the entry “Service in Vietnam 14 March 1963 – 19 February 1964” to block 32 of his 
DD Form 214. 

2.  A review of the available records shows he had "excellent" conduct and efficiency ratings throughout his period of service and the records contain no indication of derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 18 September 1962 to 10 September 1965 and his DD Form 214 should be corrected to show this award.

3.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal.  Accordingly, they should be added to his DD Form 214.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit. Accordingly, it should be added to his DD Form 214. 

BOARD VOTE:

___X____  ___X____  __ X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the AGCM (1st Award) for the period 18 September 1962 to 10 September 1965
* Adding the awards of the AGCM (1st Award), Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his 
DD Form 214
* Adding the entry “Service in Vietnam 14 March 1963 – 19 February 1964” to item 32 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130014448





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ABCMR Record of Proceedings (cont)                                         AR20130014448



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