IN THE CASE OF:  	  

		BOARD DATE:  23 April 2015	  

		DOCKET NUMBER:  AR20140014159 


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 the Republic of Vietnam (RVN) and his authorized awards.

2.  The applicant states he served two tours of duty in the RVN between 1963 and 1965 that totaled 19 months of overseas service.

   a.  He served as an aircraft repair and recovery structure specialist, which required him to travel throughout northern Vietnam.  His DD Form 214 does not show any campaign ribbons or the Army Commendation Medal (ARCOM) that he received for his meritorious service.

   b.  An official at the Department of Veterans Affairs recently told him that his DD Form 214 does not reflect his service in the RVN and, therefore, he does not qualify for benefits as a Vietnam veteran.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record), DA Form 24 (Service Record), Vietnamese driver license, and a
DA Form 4980-14 (ARCOM Certificate).

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 enlisted in the Regular Army on 6 August 1962 for a period of
3 years.

3.  His DA Form 20 shows, in pertinent part, in –

* item 29 (Foreign Service), he served in Vietnam as follows –

* 24 February 1963 through 1 December 1963 (10 months)
* 10 October 1964 through 22 July 1965 (9 months)

* item 32 (Classification in Military Occupational Specialties (MOS)) –

* MOS 686.10, Airframe Repairman, effective 29 January 1963
* MOS 443.10, Machinist, effective 4 June 1965

* item 33 (Record of Assignments) –

* Duty MOS (DMOS) 443.10, Machinist Counterinsurgency,
51st Transportation Detachment, effective 13 October 1964

4.  His DA Form 24 (Service Record) shows, in pertinent part, in –

* section 1 (Appointments, Promotions, or Reductions), he was promoted to specialist five (SP5)/pay grade E-5 on 22 June 1965

* section 2 (Chronological Record of Military Service) –

* DMOS 686.10 – 339th Transportation Company (Direct Support), from 6 March 1963 through 26 November 1963
* DMOS 686.10 – 51st Transportation Detachment, from 13 October 1964 through 18 July 1965


* section 5 (Service Outside Continental United States (CONUS)) –

* CONUS – departed 24 February 1963

* Vietnam –

* arrived 26 February 1963
* departed 28 November 1963

* CONUS –

* arrived 1 December 1963
* departed 10 October 1964

* Vietnam –

* arrived 13 October 1964
* departed 22 July 1965

* CONUS – arrived 22 July 1965

* section 9 (Medals, Decorations, and Citations) –

* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Armed Forces Expeditionary Medal (Vietnam)

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 July 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 11 months, and 18 days of total active service that included 1 year, 6 months, and 20 days of foreign service in USARPAC (United States Army Pacific).  It also shows in –

* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
 
* Expert Marksmanship Qualification Badge with Rifle (M-1) Bar
* Armed Forces Expeditionary Medal (AFEM)

* item 32 (Remarks), no entry for service in the RVN


6.  In support of his application the applicant provides the following documents.

	a.  Vietnamese Driver License that shows, in pertinent part, it was issued to him on 7 April 1963.

   b.  ARCOM certificate, issued on 2 September 1965, that shows he was awarded the ARCOM for meritorious service in the RVN during the period October 1964 to June 1965.  (The award certificate does not show information pertaining to an order announcing the award.)

7.  A review of the applicant's military personnel records failed to show any evidence that he was awarded the ARCOM.

8.  A 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 U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant.

9.  A review of the applicant's military personnel records reveals that he may be authorized additional awards and decorations.

10.  The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  There is no evidence of any disciplinary actions or adverse information.

   b.  Section 2 of the applicant's DA Form 24 shows he received all "excellent" conduct and efficiency ratings throughout his military service, except that he received an academic rating of "good" during the period 13 October 1962 through 4 February 1963.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" that were rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  It shows the –

* 339th Transportation Company (Direct Support) was cited for award of the Meritorious Unit Commendation for the period October 1964 through December 1965 in Department of the Army General Orders (DAGO) Number 40 (1966) as amended by DAGO Number 3 (1967)
* 51st Transportation Detachment was cited for award of the Meritorious Unit Commendation for the period October 1964 through December 1966 in DAGO Number 17 (1968)

   b.  Paragraph 6d of the pamphlet shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 
20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The National Defense Service Medal (NDSM) 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.

	b.  The AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal (VSM) may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  The VSM is 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.


	d.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Advisory Campaign (15 March 1962 - 7 March 1965)
* Vietnam Defense Campaign (8 March - 24 December 1965)

	e.  The RVN 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.

	f.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.   Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  During the Vietnam-era, a regulatory provision was introduced pertaining to the remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his service in the RVN and his authorized awards.

2.  Records show the applicant was credited with service in Vietnam from
24 February 1963 through 1 December 1963 and from 10 October 1964 through 22 July 1965.  Thus, it would be appropriate to show this service in item 32 of his DD Form 214.

3.  The evidence of record shows:

   a.  The applicant's active duty service qualified him for award of the NDSM.
	b.  The applicant was authorized the AFEM for his service in the RVN and his records show he was awarded the service medal.  He also qualified for the VSM and records show he participated in two campaigns during his service in the RVN.  However, the applicant did not request award of the VSM in lieu of the AFEM.  Thus, no action is being taken to correct his records to show this service medal.

	c.  He qualified for award of the RVN Campaign Medal with Device (1960).

	d.  General orders awarded the applicant's units the –

* Meritorious Unit Commendation (2 awards)
* RVN Gallantry Cross with Palm Unit Citation

4.  The applicant served a period of continuous, honorable active duty enlisted service from 6 August 1962 through 23 July 1965.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.
   
	b.  He was promoted to SP5 (E-5) and he received "excellent" conduct and efficiency ratings during his service, along with one academic rating of "good," which is not disqualifying.
   c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

5.  The applicant's records are absent orders or any other evidence that shows he was awarded the ARCOM.  A review of the ADCARS data base also failed to produce a copy of orders awarding him the ARCOM.

6.  The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant provides a copy of his ARCOM certificate.  However, the evidence of record reveals this is insufficient evidence to show that he was awarded the ARCOM.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's military service records to show this award.

7.  Therefore, in view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his foreign service in the RVN and his awards and decorations as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 
6 August 1962 through 23 July 1965 (Standard Name Line:  SP5, 
51st Transportation Detachment, U.S. Army Vietnam);

   b.  adding the following awards to item 26 of his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

   c.  adding to item 32 of his DD Form 214 the entry "Vietnam Service:  
24 February 1963 through 1 December 1963 and 10 October 1964 through 
22 July 1965"

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 the Army Commendation 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)                                         AR20140014159



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ABCMR Record of Proceedings (cont)                                         AR20140014159



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