BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140005598 


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 properly reflect his dates of service in the Republic of Vietnam.  

2.  The applicant states his DD Form 214 does not show his Vietnam service dates.

3.  The applicant provides his 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 was inducted into the Army of the United States on 
28 September 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 6 October 1967 to on or about 21 September 1968.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during this period of service he was assigned to:

* Company C, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, United States Army Pacific (USARPAC), from 6 October 1967 through     23 February 1968
* Company D, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, USARPAC, from 24 February 1968 through 15 July 1968
* Company D, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, USARPAC, from 16 July 1968 to 21 September 1968

5.  On 21 September 1968, he was honorably released from active duty from the Army.  His DD Form 214 credits him with 1 year, 11 months, and 22 days of active federal service and further reflects:

	a.  Item 22c (Statement of Service - Foreign and/or Sea Service) he was credited with the completion of 11 months and 16 days of foreign service.

	b.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign ribbons Awarded or Authorized) he was awarded the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* 2 overseas service bars

	c.  Item 30 (Remarks) does not refer to his Vietnam service.
	
6.  There is no evidence of a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.


7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940, 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.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

9.  Army Regulation 600-8-22 states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following 
4 campaigns: 

* Vietnam Counteroffensive, Phase III  (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV  (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V  (1 July 1968 – 1 November 1968)

10.  The Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  

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 his first unit of assignment in the Republic of Vietnam, Company C, 1st Battalion, 52nd Infantry Regiment was cited for award of the:

* Presidential Unit Citation, for the period 31 January through 10 February 1968, by Department of the Army General Orders (DAGO) Number 17, dated 1969
* Valorous Unit Award, for the period 1 January through 31 October 1968, by DAGO Number 48, dated 1969
12. Department of the Army Pamphlet 672-3 shows that the applicant's second unit of assignment in the Republic of Vietnam, Company D, 1st Battalion, 52nd Infantry Regiment was cited for award of the:

* Meritorious Unit Commendation, for the period 1 January through           31 December 1968, by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974

13.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the     DD Form 214.  It stated that:

   a. item 22c (Statement of Service – Foreign and/or Sea Service) would show the total active service performed outside the continental limits of the United States, for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC, USARV, etc.); and

   b. item 30 was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in the Republic of Vietnam from on or about 6 October 1967 to on or about 21 September 1968.  This period is reflected in item 22c of his DD Form 214; however, it is not reflected in item 30.  It would be appropriate to correct the entry in item 30 of his DD Form 214to read "Service in Vietnam from 6 October 1967 to 21 September 1968."

2.  The applicant served honorably during the period 28 September 1966 through 21 September 1968.  There is no evidence in his record of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  The applicant served in four campaign periods of service for award of the VSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award and four bronze service stars.
4.  The applicant's service in Vietnam qualifies him for the RVN Campaign Medal with Device (1960), as he was assigned in the RVN for 6 months or more between the period 1 March 1961 through 28 March 1973; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the units to which the applicant was assigned while in Vietnam the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the 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.

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 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 of 28 September 1966 through 21 September 1968; and 

	b.  amending his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation





* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* service in Vietnam from 6 October 1967 to 21 September 1968, at block 30

      
      
      
      __________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)                                         AR20140005598





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ABCMR Record of Proceedings (cont)                                         AR20140005598



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