IN THE CASE OF: 

		BOARD DATE:	    31 July 2014

		DOCKET NUMBER:  AR20130020573 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam and any awards to which he is entitled.

2.  The applicant states his service in Vietnam and authorized medal or awards were omitted because of his expedited separation process.

3.  The applicant provides his DD Form 214 issued 10 September 1965, newspaper articles, unit deployment roster, military orders, and letters from unit leaders attesting to his participation in Vietnam. 

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, though somewhat incomplete, show that he enlisted in the Regular Army on 17 September 1962 for a period of 3 years under the airborne enlistment option.  He completed his basic training at Fort Knox, Kentucky, his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and his airborne training at Fort Benning, Georgia before being assigned to Company A, 1st Battalion, 327th Infantry (Airborne) Regiment at Fort Campbell, Kentucky.  He was promoted to the rank of sergeant on 7 December 1964.

3.  On 8 July 1965, he departed for Vietnam with his unit and served in Vietnam in one campaign.  He departed Vietnam on 6 September 1965 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 10 September 1965 as an overseas returnee.  He had served 2 years, 11 months, and 24 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Senior Parachutist Badge and his marksmanship badges.  It also shows he served 1 year, 5 months, and 2 days of foreign service in the U.S. Army – Pacific. 

4.  A review of his official records show that he had excellent conduct and efficiency ratings throughout his service and is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

5.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

6.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

8.  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 applicant's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served in Vietnam from 8 July to 6 September 1965 and during one named campaign.  Accordingly, he is entitled to award of the Vietnam Service Medal with one bronze service star.

2.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 17 September 1962 to 10 September 1965.  Accordingly, it should be awarded and added to his DD Form 214.

3.  Additionally, his unit was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have these unit awards added to his DD Form 214.

4.  The applicant’s DD Form 214 reflects his foreign service in the U.S. Army – Pacific which includes the Republic of Vietnam.   Therefore, his request to add his foreign service to his DD Form 214 should be denied. 

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 the period 17 September 1962 to 10 September 1965
* Adding the awards of the Army Good Conduct Medal (1st Award), Vietnam Service Medal with one bronze service star, MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 adding his foreign service to 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)                                         AR20130020573



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ABCMR Record of Proceedings (cont)                                         AR20130020573



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