IN THE CASE OF:	  

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130017595 


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 foreign service in Germany
* all awards he is entitled to

2.  The applicant states his service in Germany and all of his ribbons and medals were left off of his DD Form 214.

3.  The applicant provides his DD Form 214, DA Form 137 (Installation Clearance Record), and orders.

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 into the Army of the United States on 6 February 1969.  He was honorably discharged on 11 February 1969 for the purpose of enlistment in the Regular Army.  He subsequently enlisted in the RA on 12 February 1969.  

3.  He served in Vietnam from 6 February to 22 December 1970 while assigned to the 53rd Signal Battalion.  He served in Germany (U.S. Army Europe (USAREUR)) from 2 February to 8 December 1971 while assigned to the 143rd Signal Battalion.

4.  He was honorably released from active duty on 9 December 1971 in the rank of sergeant (SGT) and he was transferred to the U.S. Army Reserve.  He completed 2 years, 9 months, and 28 days of creditable active service with no lost time.

5.  Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued for this period of service shows he completed 1 year, 8 months, and 22 days of foreign service during his period of service, the total time he served in Vietnam and Germany.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 30 (Remarks) of this DD Form 214 shows he served in Vietnam from 6 February to 22 December 1970.

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as marksman with the M-14 rifle.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

9.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states 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 this award for each Vietnam campaign a member is credited with participating in.  A review of the applicant's record shows that during his service in Vietnam he participated in three campaigns.

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Item 22c instructions stated to enter 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 service was performed in.  In item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e., "Vietnam - 25 April 1970 through 28 May 1971).  There was no provision in the regulation to list the dates of service in Germany.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

2.  The evidence of record confirms he served honorably from 6 February 1969 through 9 December 1971.  He served in Vietnam, attained the rank of SGT, and he received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 accordingly. 

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  His record shows he qualified as marksman with the M-14 rifle.  Therefore, it would be appropriate to correct his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  With respect to showing the dates of his service in Germany, the evidence of record confirms the applicant served in Vietnam from 6 February to 22 December 1970 and in Germany from 2 February to 8 December 1971.  The regulation in effect at the time required an entry for 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 the service was performed.  There was no provision to list the dates of service in Germany.  His DD Form 214 correctly shows his total active service outside the United States but it does not list his last overseas theater.  Therefore, it would be appropriate to correct his DD Form 214 to show his last overseas service was in USAREUR.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial 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 exemplary behavior, efficiency, and fidelity during the period 6 February 1969 through 9 December 1971
* deleting from item 24 of his DD Form 214 for the period ending 9 December 1971 the Vietnam Service Medal
* adding to item 22c of his DD Form 214 for the period ending 9 December 1971 the entry "USAREUR"
* adding to item 24 of his DD Form 214 for the period ending 9 December 1971 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his service in Germany.  



      ___________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)                                         AR20130017595





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ABCMR Record of Proceedings (cont)                                         AR20130017595



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