IN THE CASE OF:	   

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130016113 


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 Vietnam.

2.  The applicant states he completed a temporary duty assignment in Vietnam and was previously told this foreign service could not be considered.

3.  The applicant provides his Army Commendation Medal orders and 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's records show he was inducted into the Army of the United States on 16 March 1971 and held military occupational specialty 62E (Crawler Tractor Operator).

3.  His records show he arrived in Okinawa on or about 29 December 1971 and he was assigned to the 549th Quartermaster Company, U.S. Army Pacific (USARPAC).

4.  His records show and the applicant provided Headquarters, U.S. Military Assistance Command-Vietnam, General Orders Number 3129, dated 28 November 1972.  These orders awarded the applicant the Army Commendation Medal for meritorious achievement in the Republic of Vietnam for the period 24 April to 16 July 1972.

5.  He departed Okinawa on or about 10 March 1973.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station or training wherein he received "unknown" ratings; and

	b.  item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.  There is no evidence in the available records showing he was awarded the Army Good Conduct Medal.

7.  On 11 March 1973, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.

9.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year, 2 months, and 19 days of foreign service under USARPAC.

10.  Item 30 (Remarks) of his DD Form 214 contains the entry "RVN NONE" indicating he performed no foreign service in Vietnam.

11.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

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

	a.  The Vietnam Service Medal 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 is authorized with the Vietnam Service Medal for each Vietnam campaign listed in appendix B.  During the applicant's service in Vietnam, participation credit was awarded for the Vietnam Cease-Fire Campaign (30 March 1972-28 January 1973).

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  In instances of disqualification for the Army Good Conduct Medal as determined by the unit commander, the commander will prepare a statement of the rationale for his or her decision.

13.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance for preparation of the DD Form 214.  It stated item 22c would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USARPAC.  Furthermore, the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Army Commendation Medal for meritorious achievement in Vietnam from 24 April to 16 July 1972.  Regulatory guidance, in effect at the time, stated to enter the inclusive dates of service in Vietnam in item 30 of the DD Form 214; therefore, it would be appropriate to list his Vietnam service in item 30 of his DD Form 214.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served a qualifying period for award to the Vietnam Service Medal.  Additionally, records show he participated in one campaign while serving in Vietnam.  Therefore, he is authorized award of the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

4.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his records should be corrected to show this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 16 March 1971 through 11 March 1973
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* adding the entry "Vietnam Service – 24 Apr 72-16 Jul 72" 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)                                         AR20130016113



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ABCMR Record of Proceedings (cont)                                         AR20130016113



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