BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140009486 


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 in:

* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the Army Commendation Medal (ARCOM)
* Item 25 (Education and Training Completed) – the Field Artillery Training Course, Integrated Fire Control (IFC) Survey Party, and Vietnam Process Overseas Replacement (POR) training, Weapons Qualification Training (M16)
* Item 30 (Remarks) – Vietnam 1 February 1969 to 25 January 1970

2.  The applicant states these items were omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214, effective 25 January 1970
* Unit Orders Number 24, dated 3 July 1968
* Unit Orders Number 56, dated 24 July 1968
* Special Orders Number 201, dated 20 November 1968
* Special Orders Number 029, dated 29 January 1969
* Special Orders Number 34, dated 3 February 1969
* General Orders Number 2471, dated 20 December 1969
* DD Form 1351-2 (Travel Voucher or Subvoucher)

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 February 1968.  He completed the Field Artillery Basic Individual Training course and he was awarded primary (PMOS) 13A (Field Artilleryman) on 28 June 1968.  He was subsequently reclassified into PMOS 16C (Hawk Fire Control Crewmember).

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

	a.  item 27 (Military Education):  blank;

	b.  item 28 (Specialized Training):

* Army Training Program, 2 May 1968
* Code of Conduct, 11 March 1968
* Uniform Code of Military Justice (UCMJ), 11 March 1968
* Geneva Convention, 30 July 1968

	c.  item 38 (Record of Assignment) he served in the Republic of Vietnam (RVN) from 17 February to 5 August 1969, while assigned to the Headquarters and Support Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade;

	d.  item 38 he received "excellent" conduct and efficiency ratings for all periods; and

	e.  item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.  There is no evidence in the available records showing he was awarded the Army Good Conduct Medal.

4.  Headquarters, 199th Infantry Brigade (Separate)(Light), Vietnam, issued General Orders Number 2471, dated 20 December 1969, which awarded him the ARCOM for meritorious achievement in the RVN for the period 6 February to 
5 July 1969.

5.  He was honorably released from active duty on 25 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he completed 1 year, 10 months, and 24 days of creditable active service, of which 11 months and 23 days was foreign service.  This form also shows:

	a.  in item 24 he was awarded or authorized the National Defense Service Medal (NDSM);

	b.  in item 25, does not list any completed training course; and

	c.  item 30, does not list any foreign service.

6.  On 14 August 1970, his DD Form 214 was corrected to show additional awards in item 24:

* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device "1960"
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)

7.  He provides:

	a.  private first class promotion orders issued by the 6th Training Battalion, First Advanced Individual Training Brigade, Fort Sill, OK;

	b.  appointment orders assigning him as an alternate to the IFC Survey Party, 60th Artillery, Porter, IN; and

	c.  temporary duty orders issued for the purpose of attending the Vietnam POR Training (M16) Course, Fort Riley, KS;

8.  Army Regulation 635-5 (Separation Documents, in effect at the time, 
governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 22c - would list the total active duty outside the continental United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed
* Item 24 - would lists all decorations awarded or authorized
* Item 25 - would list all service schools successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214
* Item 30 - the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30

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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital.

10.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides the regulatory guidance for award of 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 three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 40th Artillery was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 
12 December 1966 to 31 August 1970 by Department of the Army General Orders 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he was awarded the ARCOM, completed additional military training, and his period of service in the RVN.

2.  General Orders awarded him the ARCOM for the period 6 February to 5 July 1969.   Therefore, this award should be added to his DD Form 214.
3.  The evidence shows he served in the RVN from 17 February to 5 August 1969.  Regulatory guidance, in effect at the time, stated to enter the overseas theater in item 22c of the DD Form 214 and the inclusive dates of service in Vietnam in item 30 of the DD Form 214; therefore, it would be appropriate to add his RVN period service to his DD Form 214.

4.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, this unit award should be shown on his DD Form 214.

5.  He participated in three campaigns which authorize  him to wear three bronze service stars on his already-awarded Vietnam Service Medal.  His DD Form 214 should be corrected to show these bronze service stars.

6.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his records should be corrected to show this award.

7.  The applicant completed the Individual Field Artillery Training Course, 
6 weeks, June 1968, and regulatory guidance permits completion of service school courses to be listed on his DD Form 214.  However, his participation in the IFC Survey Party and completed the Vietnam POR Training (M16) training are not permitted for the same reason.

8.  In view of the above, he should be granted partial relief.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
28 February 1968 through 25 January 1970; and

b.  adding the following to his DD Form 214 in:

* item 24–

* Army Good Conduct Medal (1st Award)
* Army Commendation 
* three bronze service stars for wear on his already-awarded Vietnam Service Medal
* RVN Civil Actions Honor Medal First Class Unit Citation

* item 22c - the entry "USARPAC" 
* item 25 - the entry "Field Artillery Training Course, 6 weeks, June 1968
* item 30 - the entry "Vietnam Service – 17 Feb 69-5 Aug 69" 

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 adding his Vietnam POR Training and his IFC Survey Party participation.




      _______ _   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)                                         AR20140009486





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ABCMR Record of Proceedings (cont)                                         AR20140009486



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