IN THE CASE OF:	  

		BOARD DATE:	  3 September 2014

		DOCKET NUMBER:  AR20140000953 


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) for the period ending 2 April 1973 to show he served in the Republic of Vietnam from February 1970 to January 1971.

2.  The applicant states he served in the Republic of Vietnam from February 1970 to January 1971. 

3.  The applicant provides a copy of his DD Form 214 for the period ending         2 April 1973 and an Army Commendation Medal certificate.

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 22 August 1969.  He completed training and he was awarded military occupational specialty 68G (Airframe Repairman).  His records show he was assigned to the 191st Aviation Company (Assault Helicopter), Republic of Vietnam from 7 March 1970 to 19 January 1971.

3.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Report) shows he qualified expert with the M-16 Rifle on 6 February 1970.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout during his first period of service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 23 May 1971, he was honorably discharged for immediate reenlistment.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 Overseas Service Bars

6.  Item 30 (Remarks) of this DD Form 214 makes no mention of the applicant's service dates in the Republic of Vietnam.

7.  The applicant subsequently reenlisted while assigned to Fort Rucker, AL.  On 7 March 1972, he was assigned to the 45th Transportation Company (Aircraft General Support), U.S. Army Pacific – Korea.

8.  On 22 August 1972, the applicant departed Korea for the Continental United States.  On 2 April 1973, he was discharged.  The DD Form 214 he was issued shows he was not awarded or authorized any additional awards; however, item 30 states he served in the Republic of Vietnam from 7 March to 22 August 1972.

9.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends 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.

11.  Army Regulation 600-8-22 provides that 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter – Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

12.  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 191st Aviation Company, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 through 10 October 1970 by Department of the Army General Order (DAGO) Number 52, dated 1971; and 
   
   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by DAGO 54, dated 1974, amended DAGO 55, dated 1971.

13.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his DD Form 214 for the period ending                   2 April 1973 should be corrected to list his dates of service in the Republic of Vietnam as February 1970 to January 1971 has been carefully examined and found to have partial merit.

2.  It is evident that errors occurred with regard to the documentation of his service dates in both the Republic of Vietnam and Korea on his DD Forms 214.  

   a.  The evidence of record shows the applicant served in the Republic of Vietnam from 7 March 1970 to 19 January 1971; therefore, he is entitled to correction of his DD Form 214 for the period ending 23 May 1971 to show these service dates.

   b.  The evidence of record shows the applicant served in Korea from 7 March to 22 August 1972; therefore, item 30 of his DD Form 214 for the period ending 
2 April 1973 should be corrected to show this service. 

3.  As a related issue, the evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam he is entitled to three bronze service stars for wear with his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending        23 May 1971 should be corrected to show the Vietnam Service Medal with three bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in the Republic of Vietnam.  Therefore, his DD Form 214 for the period ending 23 May 1971 should be corrected to show these unit awards.

5.  The evidence shows the applicant completed a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 for the period ending 2 April 1973 should be corrected to show this award.

6.  The applicant's DA Form 20 shows he qualified expert on the M-16 Rifle on      6 February 1970; therefore, he is entitled to correction of his DD Form 214 for the period ending 23 May 1971 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

7.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings throughout the period 22 August 1969 to 21 August 1972 and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 22 August 1969 through 21 August 1972 and to correct his DD Form 214 for the period ending 2 April 1973 to show this award.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 August 1969 through 21 August 1972;

	b.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending 23 May 1971; 

	c.  adding the statement, "Vietnam - 7 March 1970 to 19 January 1971" to his DD Form 214 for the period ending 23 May 1971;

   d.  adding the following awards to his DD Form 214 for the period ending     23 May 1971:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

   e.  deleting the entry, "Vietnam - 7 Mar 72 thru 22 Aug 72" from his DD Form 214 for the period ending 2 April 1973;  
   f.  adding the entry, "Korea - 7 March 1972 through 22 August 1972" to his    DD Form 214 for the period ending 2 April 1973; and
   
   g.  adding the following awards to his DD Form 214 for the period ending       2 April 1973:
   
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* National Defense Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Korea Defense Service Medal
* 2 Overseas Service Bars

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 listing his service dates in the Republic of Vietnam as February 1970 to January 1971.  



      _______ _   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)                                         AR20140000953



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ABCMR Record of Proceedings (cont)                                         AR20140000953



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