IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140006007 


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:

* his foreign service in Vietnam 
* the Vietnam Service Medal and Vietnam Campaign Medal

2.  The applicant states his service in Vietnam and the awards listed above need to be shown on his DD Form 214 to assist him in applying for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides his DD Form 214 and two orders.

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 2 August 1966.  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 11 May 1967.  He served in Vietnam from 9 July 1967 to 8 July 1968 while assigned to the 28th Signal Detachment.   

3.  He was honorably released from active duty on 8 July 1968 and he was transferred to the U.S. Army Reserve (USAR).  He completed 1 year, 11 months, and 7 days of creditable active service with no lost time.

4.  The DD Form 214 he was issued shows in:

* item 12 (Last Duty Assignment and Major Command) the 28th Signal Detachment [U.S. Army Pacific]
* item 15 (Reenlistment (RE) Code) - RE-1
* item 22c (Foreign and/or Sea Service) that he completed 1 year of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* item 30 (Remarks) does not show the dates of any foreign service

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings except for the period from 15 July 1967 through 8 July 1968 when he received "unknown" ratings. 

6.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  "Unknown" ratings did not disqualify an individual from receiving the Army Good Conduct Medal.




8.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

	b.  Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

9.  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 28th Signal Detachment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968, by Department of the Army General Orders (DAGO) Number 46, dated 1969.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect 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 established standardized policy for the preparation of the DD Form 214.  There were no provisions to enter the dates of the foreign service on 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 the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's separation, there was no regulatory requirement to list service in Vietnam on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if his service in Vietnam is listed in item 30 of his DD Form 214.  

2.  He served in Vietnam during a qualifying period for award of the Vietnam Service Medal and the Vietnam Campaign Medal, and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, and correction of his DD Form 214 to show these awards.
3.  The evidence of record confirms he served honorably from 2 August 1966 to 8 July 1968.  He attained the rank of SP4 and received all “excellent” conduct and efficiency ratings throughout his service except for the "unknown" ratings he received while in Vietnam.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  In addition, his DD Form 214 shows he was transferred to the USAR and had an RE code of 1 meaning he was fully eligible to reenlist at the time of his separation.  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 medal.

4.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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 all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 2 August 1966 through 8 July 1968
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



* adding to item 30 of his DD Form 214 the entry "Service in Vietnam from 9 July 1967 to 8 July 1968"



      ___________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)                                         AR20140006007





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ABCMR Record of Proceedings (cont)                                         AR20140006007



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