IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140011799 


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 service in Vietnam
* award of the –

* Combat Infantryman Badge
* Vietnam Service Medal

2.  The applicant states:

* his DD Form 214 does not show his service in Vietnam
* his DD Form 214 does not show award of the Combat Infantryman Badge or Vietnam Service Medal
* he is trying to update his records for Department of Veterans Affairs purposes
* he was deployed to Vietnam in January 1967 with the Mortar Platoon, Company B, 5th Battalion, 60th Infantry Regiment (Mechanized), 9th Infantry Division

3.  The applicant provides:

* DD Form 214
* Headquarters, 25th Infantry Division, Letter Order Number 09-98, dated 15 September 1967
* 3d Brigade, 25th Infantry Division, Special Orders Number 243, dated 31 August 1967
* U.S. Army Personnel Center, Fort Dix, Special Orders Number 312, dated 8 November 1967
* DD Form 1580 (Military Standby Authorization for Commercial Air Travel), dated 15 September 1967

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 27 December 1965.

3.  Headquarters, 2d Basic Training Brigade, U.S. Army Training Center, Fort Dix, NJ, Special Orders Number 35, dated 14 February 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Fort Dix, NJ, Special Orders Number 62, dated 29 March 1966, awarded him the 2nd Class (now known as Marksman) Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter).

5.  He served in Vietnam during the period 1 December 1966 to 15 September 1967 and he participated in two campaigns.  While in Vietnam, he was assigned to:

* Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, from 1 December 1966 to 2 May 1967
* Headquarters and Headquarters Battery, 2d Battalion, 12th Infantry Regiment, 4th Infantry Division, from 3 May 1967 to 31 July 1967
* Headquarters and Headquarters Company, 2d Battalion, 12th Infantry Regiment, 25th Infantry Division, from 1 August 1967 to 15 September 1967

6.  Headquarters, 9th Infantry Division, Special Orders Number 46, dated 15 February 1967, awarded the applicant the Combat Infantryman Badge.

7.  On 15 July 1967, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for operating a 3/4 ton truck in a reckless manner on an airfield.

8.  The applicant provided Headquarters, 25th Infantry Division, Letter Order Number 09-98, showing he was authorized emergency leave from Vietnam to the continental United States on 15 September 1967.

9.  On 14 December 1967, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

10.  His two DA Forms 20 (Enlisted Qualification Record) show in:

* item 31 (Foreign Service) – U.S. Army Pacific (USARPAC) Vietnam from 1 December 1966 through 15 September 1967
* item 38 (Record of Assignments) – "excellent" conduct and efficiency ratings
* item 40 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

11.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 27 December 1965 through 14 December 1967.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

14.  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 following units to which the applicant was assigned were awarded the following:

* 5th Battalion, 60th Infantry Regiment –

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by Department of the Army General Order (DAGO) Number 43, dated 1971969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

* 2d Battalion, 12th Infantry Regiment –

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter the total period of 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 where service was performed (e.g., USARPAC) in item 22c (Foreign and/or Sea Service).  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 item 30 (Remarks) as follows:  "VIETNAM SERVICE:  FROM (date) TO (date)."



DISCUSSION AND CONCLUSIONS:

1.  Sufficient evidence has been presented showing he served in Vietnam during the period 1 December 1966 through 15 September 1967.  His foreign service command is shown on his DD Form 214 as USARPAC and the specific geographic location was not required to be shown at the time of his separation.  Later regulatory guidance required entering the inclusive dates of service in Vietnam.  Therefore, it would be appropriate to show his dates of service in Vietnam in item 30 of his DD Form 214 in the prescribed format.

2.  Special orders awarded the applicant the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  The applicant was awarded the Vietnam Service Medal and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show to this award with two bronze service stars.

4.  The applicant was awarded the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The units to which he was assigned while in Vietnam were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citations and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  The applicant qualified as Marksman with the 106 millimeter recoilless rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter).

8.  He served honorably during the period 27 December 1965 through 14 December 1967.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no evidence of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.



BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 27 December 1965 through 14 December 1967 and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar (106 millimeter)

   c.  adding the entry "VIETNAM SERVICE:  FROM 1 DECEMBER 1966 TO 15 SEPTEMBER 1967" to item 30 of 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)                                         AR20140011799



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ABCMR Record of Proceedings (cont)                                         AR20140011799



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