IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140007988 


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 (Report of Transfer or Discharge) to properly show his period of service in Vietnam.

2.  The applicant states he served in Vietnam from 16 April 1968 through 13 April 1969; however, block 30 (Remarks) of his DD Form 214 incorrectly states "Vietnam Service From: None."

3.  The applicant provides copies of his DD Form 214 and page 2 of his DA Form 20 (Enlisted Qualification Record)

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.  While the applicant does not specifically request correction of his records to show all of his authorized awards and decorations, it is appropriate to address this aspect of his records as well in that his awards also demonstrate and recognize his periods of foreign service in Vietnam and Korea.

3.  The applicant enlisted in the Regular Army on 21 September 1967, reenlisted 6 days later, completed basic and advanced individual training, and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  He received additional training and was subsequently awarded MOS 76Q (Engineering Repair Parts Specialist).

4.  The applicant's record contains no copies of orders for any of his awards or decorations.

5.  The applicant's DA Form 20 shows –

* promotion to specialist five on 25 February 1969
* service in Vietnam from 16 April 1968 through 13 April 1969
* assignment in Vietnam to Company D, 70th Engineer Battalion 
* service in Korea from 26 February 1970 through 14 September 1970
* assignment in Korea to Headquarters Detachment U.S. Army Pusan Base Command 
* conduct and efficiency ratings exclusively as "excellent"

6.  His DD Form 214 shows the following at –

* block 22a(3), 2 years, 11 months, and 25 days of total active service
* block 22c (Foreign and/or Sea Service), in "USARPAC" of 1 year, 6 months, and 16 days
* block 24 (Decorations Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Armed Forces Expeditionary Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14), and one overseas service bar
* block 30 (Remarks), Vietnam Service From:  None

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any award orders for this applicant.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam and adjacent areas.  This document shows that while the applicant was assigned to Company D, 70th Engineer Battalion in Vietnam and Headquarters Detachment, U.S. Army Pusan Base Command in Korea, neither were cited for award of any individual unit awards.  However, it does shows that Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973.

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

   a.  The Korea Defense Service Medal (KDSM) was authorized in 2003 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.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequent are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  
   
   b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he is shown to have participated during the following four campaign periods –

* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969

11.  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 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.  

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record clearly shows he served in Vietnam from 16 April 1968 through 13 April 1969 followed by service in Korea from 26 February 1970 through 14 September 1970.  

2.  His DD Form 214, at block 30, states "Vietnam Service From: None.”  This entry is clearly in error and it would be appropriate to delete the word entry and replace it with Vietnam Service from 16 April 1968 through 13 April 1969.

3.  The applicant distinguished himself as evidenced by his conduct and efficiency ratings and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 21 September 1967 through 15 September 1970.

4.  The applicant served in Vietnam during 4 campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 does not include any designation of the authorized accouterments.  Therefore, it would be appropriate to show this award as the Vietnam Service Medal with four bronze service stars.

5.  The Korea Defense Service Medal was not created until well after the applicant's release from active duty but is authorized for retroactive award to qualifying service members.  Therefore, it would be appropriate to include this award on his DD Form 214.

6.  In addition to the awards shown on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation Therefore, it would be appropriate to include this award on his DD Form 214.

7.  Further, the applicant is authorized two overseas service bars based on his service in Vietnam and it would be appropriate to include an additional overseas service bar on his DD form 214.

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.  deleting from his DD Form 214, block 24, the Vietnam Service Medal and one overseas service bar and, from block 30, the entry "Vietnam Service From: None";

	b.  awarding the applicant the Good Conduct Medal for his period of service from 21 September 1967 through 15 September 1970;

	c.  showing, at block 24 on the DD Form 214, the applicant’s authorized awards as the –

* Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Two overseas service bars

	d.  adding, at block 30 of the DD Form 214, the entry "Vietnam Service From: 16 April 1968 through 13 April 1969."



      _______ _   _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)                                         AR20140007988



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ABCMR Record of Proceedings (cont)                                         AR20140007988



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