IN THE CASE OF:	   

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140003340 


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 foreign service in item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states he was in Vietnam from 28 October 1970 to 29 October 1971, which was 1 year.

3.  He provides his DD Form 214 and two Army Commendation Medal certificates.  

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 5 June 1970.  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) U.S. Army Pacific (USARPAC) - Vietnam from 29 October 1970 to 28 October 1971 (a period of 1 year).  
   
   b.  Item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 501st Infantry Regiment in Vietnam from 9 November 1970 to 23 October 1971.
   
   c.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

4.  His DD Form 214 shows:

   a.  He was honorably released from active duty on 21 January 1972 after completing 1 year, 7 months, and 17 days of active military service with no time lost.  
   
   b.  Item 22c (Foreign Service) of his DD Form 214 shows he completed 
1 year of foreign service.  Item 30 (Remarks) shows he served in Vietnam from 29 October 1970 – 28 October 1970.

5.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal (1960), Combat Infantryman Badge, Bronze Star Medal, Air Medal, Army Commendation Medal and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed would be entered in item 22c.  
8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns.  

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.

DISCUSSION AND CONCLUSIONS:

1.  Item 31 of the applicant's DA Form 20 shows he served in Vietnam from 29 October 1970 through 28 October 1971.  This foreign service equals 1 year.  However, he was issued a DD Form 214 which shows he served in Vietnam from 29 October 1970 through 28 October 1970.  

2.  It appears an administrative error occurred when his foreign service was recorded on the DD Form 214.  Therefore, it would be appropriate to amend item 30 of his DD Form 214 to show he served in Vietnam from 29 October 1970 through 28 October 1971.  

3.  As a related issue, based on his service in Vietnam he is eligible for two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 5 June 1970 through 21 January 1972.  He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be 


awarded the Army Good Conduct Medal (1st Award) for the period 5 June 1970 through 21 January 1972 and his DD Form 214 should be corrected to show this award.

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 the DD Form 214 of the individual concerned be corrected by:

   a.  deleting the entry "Vietnam---29Oct70-28Oct70" from item 30 and replacing it with the entry "Vietnam Service:  29 October 1970 to 28 October 1971";
   
   b.  deleting the Vietnam Service Medal;
   
   c.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 June 1970 through 21 January 1972; and 
   
   d.  adding the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (1st Award).  



      _______ _   _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)                                         AR20140003340



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ABCMR Record of Proceedings (cont)                                         AR20140003340



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