IN THE CASE OF

		BOARD DATE:	    8 July 2014

		DOCKET NUMBER:  AR20130019315 


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 add the:

* Bronze Star Medal
* two overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stats affixed to his previously-awarded Vietnam Service Medal

2.  The applicant states these awards were not added to his DD Form 214.

3.  The applicant provides:

* Self-authored statement, dated 21 October 2013
* General Orders (GO) Number 5026, dated 11 July 1968
* DD Form 214
* DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty))
* GO Number 48, dated 14 October 1971
* GO Number 51, dated 10 November 1971




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 27 July 1966, held military occupational specialty 11B (Light Weapons Infantryman), and attained the rank/grade of specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 22 June 1967 to 26 June 1968 and he served with C Company, 2nd Battalion, 22nd Infantry, 25th Infantry Division from 27 June 1967 to 21 June 1968.

4.  Special Orders (SO) Number 167, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 14 September 1966 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 190, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, on 31 October 1966 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

6.  SO Number 196, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, on 9 November 1966 awarded him the 2nd Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).  

7.  On 6 March 1967, he received non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for minor infractions.

8.  GO Number 5026, issued by Headquarters, 25th Infantry Division, APO San Francisco awarded him the Bronze Star Medal for his service in Vietnam from June 1967 to June 1968.  
9.  He was released from active duty with an honorable characterization of service on 26 June 1968.  His DD Form 214 and DD Form 215 show in:

	a.  Item 22c (Foreign and/or Sea Service) the entry "0-11-0."  However, the last overseas theater in which service was performed was not listed.

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

* National Defense Service Medal 
* Army Commendation with "V" Device
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* Bronze Service Star

	c.  Item 30 (Remarks) does not contain an entry referring to his Vietnam service.

10.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 2nd Battalion, 22th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 1 August 1967, by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 31 August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970, by DAGO Number 51, dated 1971

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although 
multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.

14.  A review of his service records shows he had "excellent" conduct and efficiency ratings.  He had one instance of NJP for minor infractions; however, there was no derogatory information in the form of time lost, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 27 July 1966 through 26 July 1968.

15.  Army Regulation 672-5-1 (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.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated for:

	a.  item 22c, enter 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., "Foreign and/or Sea Service (USARPAC [U.S. Army Pacific])").

	b.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20 omitting authorities cited therein.

	c.  item 30, indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for the service in Indochina and Korea.  Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina.  Sample entries are as follows:

* to show service in Vietnam only – "Vietnam – 22 June 1967 to 26 June 1968, Indochina – Yes, Korea – No"
* to show service in Indochina (other than Vietnam) only – "Indochina – Yes, Vietnam – No, Korea – No"
* to show service in Korea only – "Indochina – No, Vietnam – No, Korea – Yes"

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal by a GO.  Therefore, he is entitled to a correction of his record to show this award.

2.  Overseas service bars are not entered on the DD Form 214 because they are an item of uniform wear, not an award or decoration.  Therefore, there is no basis for adding his two overseas service bars to his DD Form 214.

3.  The evidence of record shows he received one bronze service star.  However, he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  He served honorably during the period 27 July 1966 through 26 July 1968. He had one instance of NJP for minor infractions; however, there was no derogatory information in the form of time lost, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings. It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the 2nd Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

7.  Item 22c of his DD Form 214 incorrectly listed his foreign service and failed to list the last overseas theater in which service was performed.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 1 year and 5 days of foreign service in USARPAC.

8.  Item 30 of his DD Form 214 does not contain an entry listing his Vietnam service; therefore, he is entitled to correction of his DD Form 214 to add this entry.  

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 partial 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 27 July 1966 through 26 July 1968;

	b.  deleting from item 22c of his DD Form 214 the entry "0-11-0" and adding the entries "USARPAC" and "1-0-5";

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

	d.  deleting from item 24 of his DD Form 215 issued on 20 April 2009 the Bronze Service Star

	e.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* 2nd Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60)

	f.  adding to item 30 of his DD Form 214 the entry "Vietnam – 22 June 1967 to 26 June 1968, Indochina – Yes, Korea – No"

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 the overseas service bars.  



      _______ _ 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)                                         AR20130019315



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ABCMR Record of Proceedings (cont)                                         AR20130019315



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