IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130019462 


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 and the awards he is eligible for based on that service.

2.  The applicant states his DD Form 214 does not reflect his service in Vietnam or the awards he earned for his service in Vietnam.

3.  The applicant provides his DD Form 214, orders, and a travel voucher.

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 14 July 1965 and he held military occupational specialty 12A (Combat Engineer).
3.  Special Orders (SO) Number 253, dated 10 September 1965, issued by Headquarters (HQ), U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) effective 3 September 1965.

4.  He served in Vietnam from 16 December 1965 to 13 December 1966 while assigned to the 69th Signal Battalion.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 23 June 1966.

5.  He was honorably released from active duty on 13 July 1967 in the rank of SP4 and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no lost time.

6.  Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued shows he had 1 year of foreign service.  It does not show the overseas theater he served in during his foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.

8.  Item 30 (Remarks) of his DD Form 214 does not show service in Vietnam.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows that he earned all "excellent" conduct and efficiency ratings throughout his service.  Item 41 (Awards and Decorations) shows the Vietnam Service Medal, National Defense Service Medal, Vietnam Campaign Medal, and two overseas service bars.

10.  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).

11.  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.

12.  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 his records shows that during his service in Vietnam he participated in three campaigns.

13.  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 the 69th Signal Battalion was cited for award of the Meritorious Unit Commendation for the period 1 November 1965 through 1 October 1966, by DA General Order (DAGO) Number 17, dated 1968.

14.  Department of the Army Pamphlet 672-3, 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.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214.  The version in effect at the time of the applicant's separation stated to enter the total active duty 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.  There were no provisions to enter the dates of the foreign service on the DD Form 214.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 16 December 1965 to 13 December 1966.  At the time of his separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, later versions required an entry listing the inclusive dates of Vietnam service.  As such, there is no harm to the Army or the Soldier if his service in Vietnam is added to item 30 of his DD Form 214.  In addition, item 22c of his DD Form 214 should be corrected to show his foreign service was in the U.S. Army Pacific (USARPAC).

2.  His records show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Vietnam Campaign Medal, and two overseas service bars and confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these awards and bronze service stars.

3.  The evidence of record confirms he served honorably from 14 July 1965 to 13 July 1967.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his 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.

4.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for his for exemplary behavior, efficiency, and fidelity during the period 14 July 1965 through 13 July 1967
* adding to item 22c of his DD Form 214 the entry "USARPAC"
* adding to item 24 of his DD Form 214 the:

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

* adding to item 30 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19651216 - 19661213"



      _____________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)                                         AR20130019462





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019462



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1