IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130017041 


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 records to show he served for one year in Vietnam and was awarded the Good Conduct Medal.

2.  The applicant states if his DD Form 214 (Report of Transfer or Discharge) does not show he served in-country for 12 months he is not considered a Vietnam Combat Veteran but just a Vietnam Era Veteran.

3.  The applicant provides copies of his DD Form 214 and his DA Form 20 (Enlisted Qualification 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 was inducted on 1 December 1964, completed training, and was awarded the military occupational specialty 56B (Warehouse Specialist).

3.  He was assigned to the 544th Medical Detachment at Fort Lewis, Washington on 21 February 1965.  In June 1965 the entire unit was reassigned to duty in Vietnam.  The applicant left Vietnam at a date between 17 and 22 June 1966.  

4.  The DA Form 20 provides the following -

* advancement to specialist four (E-4)
* service in "USARPAC - Viet Nam" from 23 June 1965 through 22 June 1966 
* conduct and efficiency ratings of exclusively "excellent"
* award of the Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the National Defense Service Medal

5.  The applicant was honorably released from active duty on 30 November 1966 with 2 years if creditable service and no lost time.  His DD Form 214 shows 1 year of foreign service in "USARPAC" and award of the Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the National Defense Service Medal.  (Note: The 1955 edition instead of the 1965 edition of the DD Form 214 was utilized.)

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 635-5 (Separation Documents), as then in effect, stated that the entry at item 24c was the total active duty outside 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., "Foreign and/or Sea Service (USAREUR)."  Subsequent updates to the regulation changed the entry to utilize the country in place of the theater and/or to specify the country and dates of service in the remarks block.

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

   a.  the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  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 Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.
   
   c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods the Vietnam Defense Campaign, 8 March 1965 - 24 December 1965 and the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam the required period to be eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to reflect this fact.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 7 December 1964 through 30 November 1966.

4.  In addition to the above awards and those shown on the DD Form 214, the applicant is also authorized award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  During the period the applicant was on active duty, the last overseas theater in which a Soldier served was to be included on the DD Form 214.  Inclusion, in the Remarks block of a specific country and dates of service did not become a requirement until the 1970 edition of the DD Form 214 was released.  Therefore. USARPAC is a proper entry.

5.  However, during this same period, the many commands utilized the USARV designation for identifying service in USARPAC in Vietnam only and/or included a statement of "Service in Vietnam" and the dates of that service.  This method became an accepted alternative entry and was subsequently included in updates to the regulation.

6.  Based on the changing regulations and practice, it is appropriate to correct the applicant's DD Form 214 by adding in block 32 (Remarks) the following "Service in Vietnam from 23 June 1965 through 22 June 1966."

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.  deleting the entry of the Vietnam Service Medal from the applicant's DD Form 214;

   b.  awarding the applicant the Good Conduct Medal for his period of service from 7 December 1964 through 30 November 1966;
   
   c.  showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation;
   
   c.  adding at block 32 (Remarks) the following "Service in Vietnam from 23 June 1965 through 22 June 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)                                         AR20130017041





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ABCMR Record of Proceedings (cont)                                         AR20130017041



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