IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021967 


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:

   a.  in item 6 (Date of Rank) – his correct date of rank (DOR);

   b.  in item 11d (Effective Date) – he was discharged on 15 December 1969; and

   c.  in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded the Air Medal (AM) and Bronze Star Medal (BSM).

2.  The applicant states:

   a.  his DD Form 214 shows he completed 1 year, 10 months, and 4 days of total active duty service, which would not be possible by the discharge date listed thereon; and
   
   b.  he has orders confirming his entitlement to the AM and BSM.
   
3.  The applicant provides:

* DD Form 214
* two award orders
* promotion order
* reassignment order
* release from active duty (REFRAD) order
* Certificate of Appreciation
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* Self-Authored Statement
* DA Form 137 (Installation Clearance Record)
* Headquarters, 1st Division Form 310 (Replacement Detachment Out-Processing Control Slip)

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 show he was inducted into the Army of the United States on 12 February 1968.  He was trained in and awarded military occupational specialties (MOS) 11B (Light Weapons Infantryman) and 43E (Parachute Rigger).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 15 December 1968 through 14 December 1969.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned with 1st Supply and Transport Battalion from 15 December 1968 through 24 June 1969, and with the 1st Aviation Battalion from 25 June 1969 through 14 December 1969.  He received "excellent" conduct and efficiency ratings at each of his active duty assignments.  

5.  His military record contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  Special Orders Number 326, issued by Headquarters, 1st Infantry Division on 22 February 1969, announced his temporary promotion to sergeant (SGT/E-5) effective on 5 November 1969.

7.  Special Orders Number 349, issued by Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey on 15 December 1969, directed his REFRAD effective on 15 December 1969.

8.  On 15 December 1969, the applicant was honorably REFRAD in the rank of SGT.  His DD Form 214 issued at that time shows he completed 1 year, 10 months, and 4 days of creditable active duty service, of which 1 year was foreign service.

	a.  Item 6 of his DD Form 214 contains the entry "13 FEB 69";

	b.  Item 11d contains the entry "15 DEC 68"; and

	c.  Item 24 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16/M-14)

9.  The applicant provides two Headquarters, 1st Infantry Division, orders which announced his award of the indicated medals on the dates shown:

* General Order Number 15472, dated 19 November 1969 – BSM
* General Order Number 17426, dated 20 December 1969 – AM

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s discharge states to enter the date of rank for the grade shown in item 5a.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

12.  Army Regulation 672-5-1 (Awards) stated the AGCM was awarded for each 
3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (1st Supply and Transportation Battalion) was awarded the Meritorious Unit Commendation (MUC) and RVN Civil Actions Honor Medal with First Class Unit Citation.

14.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct DOR and discharge date, and to show he was awarded the AM and BSM. 

2.  The evidence of record includes an official order which confirms he was promoted to SGT/E-5 effective 5 November 1969.  Item 6 of his DD Form 214 incorrectly shows his DOR as 13 February 1969; therefore, item 6 of his DD Form 214 should be corrected accordingly.

3.  The evidence of record clearly shows an error occurred during the preparation of his DD Form 214.  Specifically, it shows he completed 1 year, 10 months, and 4 days active duty service from 12 February through 15 December 1968; however, a calculation of the period of service between these dates yields only 10 months and 4 days.  

4.  His REFRAD order confirms the effective date of his separation from active duty was 15 December 1969, and this date coincides with the total service currently listed on his DD Form 214.  Therefore, item 11d of this document should be corrected accordingly.

5.  The evidence in this case confirms the applicant was awarded the BSM and AM and these awards were announced in official orders.  Neither award is currently listed on his DD Form 214 and should be added at this time.

6.  His record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 12 February 1968 through 15 December 1969, and to correct his record to show this initial award.

7.  In addition, the evidence of record also shows that based on his service and campaign participation in the RVN, he is also entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 12 February 1968 to 15 December 1969
   
   b.  amending his DD Form 214 accordingly:
   
* in item 6 – replacing the current entry with "5 NOV 69"

* in item 11d – replacing the current entry with the entry "15 DEC 69"
   
* in item 24 - deleting the VSM and adding the following awards:
   
* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
   
   c.  issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _   _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)                                         AR20130021967





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ABCMR Record of Proceedings (cont)                                         AR20130021967



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