BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140011284 


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:

	a.  his foreign service in Vietnam; and

	b.  award of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and Army Good Conduct Medal.

2.  The applicant states his Vietnam service and the awards/decorations are not entered on his DD Form 214.

3.  The applicant provides:

* DA Form 2139 (Military Pay Voucher)
* travel voucher
* foreign travel itinerary
* DA Form 137 (Installation Clearance Record)
* permanent change of station orders
* Affidavit
* discharge orders
* appointment orders
* 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 29 October 1963.

3.  Headquarters, 11th Air Assault Division, Special Orders Number 1, dated 1 January 1965, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 August through 13 October 1965.

5.  He provided a DA Form 137, dated 9 October 1965, which shows his organization as Headquarters and Headquarters Battery (HHB), 2nd Battalion, 20th Artillery Regiment, in Vietnam and that he was recommended for award of the Army Good Conduct Medal.

6.  He provided a DA Form 2139 covering the period 1-19 October 1965 which shows he was transferred from HHB, 2nd Battalion, 20th Artillery Regiment, in Vietnam.

7.  Records show he participated in one campaign during his assignment in Vietnam.

8.  On 19 October 1965, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 21 days of creditable active service with no time lost.



9.  His DD Form 214 shows in:

* item 24c (Foreign and/or Sea Service) – 2 months under the command of U.S. Army Pacific (USARPAC)
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the entry "NONE"
* item 32 (Remarks) – no service in Vietnam

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was 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.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.

12.  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.

13.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

14.  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.  There must have been no convictions by a court-martial.

15.  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 2nd Battalion, 20th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders 59, dated 1969.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 24c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he served in Vietnam from 15 August through 13 October 1965 and his DD Form 214 shows he served 2 months in USARPAC.  This is accepted as a sufficient basis for adding the entry "Vietnam Service:  15 August 1965 to 13 October 1965" to item 32 of his DD Form 214.

2.  Based on his service in Vietnam, he is authorized award of the Vietnam Service Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Since he did not serve 6 months in Vietnam, he is not eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

4.  He served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  He was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 29 October 1963 through 19 October 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

6.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this badge.

7.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 29 October 1963 through 19 October 1965,

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

	c.  adding the entry:  "Vietnam Service:  15 August 1965 to 13 October 1965" to item 32 of his DD Form 214.

2.  The Board further determined 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 the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.



      ___________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)                                         AR20140011284



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ABCMR Record of Proceedings (cont)                                         AR20140011284



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