BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20130022136 


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 award of the:

* Combat Infantryman Badge (CIB)
* Armed Forces Expeditionary Medal (AFEM)
* overseas service bar

2.  The applicant states according to his personnel file he is authorized the above awards, but they were never issued to him or listed on his DD Form 214.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record), page 4
* DD Form 214

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 enlisted in the Regular Army on 14 August 1964.

3.  Special Orders Number 150, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 1 July 1965, awarded the applicant the CIB.  This order also shows, at the time, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 325th Infantry Regiment.

4.  On 6 September 1965, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failing to obey an order while assigned to Headquarters and Headquarters Company, 3rd Battalion, 325th Infantry Regiment, Camp Palmarejo, Dominican Republic.

5.  His DA Form 20 shows in:

* item 29 (Qualification in Arms) –

*	Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

* item 31 (Foreign Service) – Vietnam from 19 May 1966 on or about 18 May 1967
* item 38 (Record of Assignments) – Company B (Medical), 173rd Support Battalion, from 21 May 1966 through 15 May 1967
* item 41 (Awards and Decorations) –

*	Parachutist Badge
*	AFEM (Dominican Republic)
*	CIB
*	Vietnam Service Medal
*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	overseas service bar
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  On 18 May 1967, the applicant was honorably released from active duty.  His 
DD Form 214 shows he completed 2 years, 9 months, and 2 days of creditable active service.  His DD Form 214 also shows award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His records show he received all "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal.

8.  Army historical records show the 325th Infantry Regiment:

* deployed to the Dominican Republic as part of Operation Power Pack
* was awarded the AFEM for the Dominican Republic

9.  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 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.  There must have been no convictions by a court-martial.  

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His records show his service in Vietnam coincided with two campaigns.

11.  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 that during the applicant's assignment with Company B, 173rd Support Battalion, the unit was cited for awards as follows:

* Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 in Department of the Army General Order (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 in DAGO Number 51, dated 1971

12.  Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of 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 in item 30 (Remarks), as follows:  "Vietnam Service:  From Date to Date."

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 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.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.  The overseas service bar is an item of uniform wear, not an award or decoration and is not entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  He served in Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded Vietnam Service Medal.

3.  General orders awarded the unit to which he was assigned while in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows he served in the Dominican Republic with a unit cited for award of the AFEM; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The applicant served honorably during the period 14 August 1964 through 18 May 1967.  He received all "excellent" conduct and efficiency ratings during this period and his records are void of any commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

6.  Records show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  The applicant is entitled to two overseas service bars; however, overseas service bars are a uniform item and not entered on the DD Form 214.  Therefore, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  _X___  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 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 14 August 1964 through 18 May 1967;

	b.  deleting the Vietnam Service Medal from his DD Form 214;

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* AFEM
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  adding the entry "Vietnam Service:  From 19 May 1966 to 18 May 1967" to item 30 of his DD Form 214.

2.  The Board further determined 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 overseas service bars 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)                                         AR20130022136



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ABCMR Record of Proceedings (cont)                                         AR20130022136



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