IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140006719 


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 records to show the award of the Bronze Star Medal, Good Conduct Medal, and any other citations, campaign ribbons, and weapon qualification badges to which he is entitled.  He also requests correct of his records to show his service in Vietnam.

2.  He states, in effect, his awards, citations, and medals are not annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 February 1969.

3.  He provides his DD Form 214 and 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's record shows he enlisted in the Regular Army (RA) on          15 June 1960.  He served until he was discharged on 2 April 1963, for the purpose of immediate reenlistment.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 2 April 1963, shows he was awarded the Marksmanship Qualification Badge with Rifle Bar.

3.  On 3 April 1963, he reenlisted in the RA.

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

	a.  item 31 (Foreign Service) he served in:

		(1)  Germany from 2 November 1960 to 23 April 1964; 

		(2)  Korea from 15 March 1965 to 8 April 1966; and 

		(3)  Vietnam from 4 February 1968 to 3 February 1969.

	b.  item 38 (Record of Assignments) shows:

		(1)  he received "good" ratings for conduct during his periods of service from:

			(a)  13 November 1960 to 10 June 1964 and 

			(b)  1 January 1966 to 8 April 1966.

		(2)  during his service in Vietnam, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, from 3 February 1968 to 30 January 1969.

	c.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification with Carbine Bar.

	d.  item 42 (Remarks) he was not favorably considered for award of the Good Conduct Medal for the periods ending 11 June 1964 and 8 April 1966.

5.  On 2 February 1969, he was honorably discharged after serving 8 years,       7 months, and 18 days of total active service.  This DD Form 214, dated               2 February 1969, shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Army Commendation Medal.

6.  General Orders Number 1261, dated 16 February 1969, show he was awarded the Bronze Star Medal for meritorious service from April 1968 to February 1969.

7.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states 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 four campaigns:
 
* Tet Counteroffensive (30 January - 1 April 1968)
* Counteroffensive, Phase IV (2 April - 30 June 1968)
* Counteroffensive, Phase V (1 July - 1 November 1968)
* Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

8.  Army Regulation 600-8-22 states the Republic of Vietnam 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 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) shows his unit of assignment during his service in Vietnam, the 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 12 July 1965 to 7 April 1970, by DAGO Number 53, dated 1970.

10.  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 the 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.

11.  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.   

12.  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.  It stated for item 24c, enter the total period of active duty served outside of the continental limits of the U.S. for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC (U.S. Army Pacific)) in which the service was performed.

13.  Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after
5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam show "yes" for Indochina.  For example, to show service in Vietnam only, enter "Vietnam -- 
6 Apr 70 through 28 May 71, Indochina - yes, Korea - no."

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this medal.

2.  There is no evidence that shows the applicant served a qualifying period of service for award of the Good Conduct Medal during his period of active duty service.  The evidence of record shows that during the periods from 			  13 November 1960 to 10 June 1964 and 1 January to 8 April 1966 the applicant received "good" conduct ratings.  In addition, evidence of record also shows he was not favorably considered for award of the Good Conduct Medal for the periods ending 11 June 1964 and 8 April 1966.  Therefore, he is not entitled have his DD Form 214 dated 2 February 1969 corrected to show this medal.

3.  His record shows he participated in four campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Vietnam Service Medal with four bronze service stars.

4.  His record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification with Carbine Bar.  These marksmanship badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.
5.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), and this award should be added to his DD Form 214.

6.  General orders awarded his unit of assignment during his service in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

7.  He served a period of qualifying service in Korea for award of the Korea Defense Service Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this medal.

8.  Evidence of record shows the applicant served in Vietnam from 4 February 1968 to 3 February 1969.  Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Korean service during the period 15 March 1965 to 8 April 1966 and his Vietnam service during the period 4 February 1968 to 3 February 1969 at this time.

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.  deleting from item 24 of DD Form 214 dated 2 February 1969 the Vietnam Service Medal and adding the following awards and decorations:

* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar

	b.  adding to item 30 of this DD Form 214 the entry:

* "Vietnam – (4 February 1968 to 3 February 1969), Indochina - yes,
       Korea – yes (15 March 1965 to 8 April 1966)"

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 correcting his DD Form 214 issued on 2 February 1969 to show he was awarded the Good Conduct Medal. 



      ___________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)                                         AR20140006719





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ABCMR Record of Proceedings (cont)                                         AR20140006719



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