IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016550 


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 Vietnam service. 

2.  The applicant states he needs his actual service time in Vietnam to be reflected on his DD Form 214.  He needs to prove he was in Vietnam and was exposed to Agent Orange. 

3.  The applicant provides his 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 25 January 1966.  He completed training and was awarded military occupational specialty 63B (Light Wheeled Mechanic).

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

* item 38 (Record of Assignments):  Company A, 36th Engineer Battalion, Vietnam, 1 September 1967 to 9 January 1968, and he received all "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations):

*	National Defense Service Medal (NDSM)
*	Vietnam Service Medal (VSM)

4.  On 11 January 1968, the applicant was honorably released from active duty in the rank and pay grade of specialist (SPC)/pay grade E-4 and transferred to the U.S. Army Reserve.  His DD Form 214 shows in:

* item 22b (Total Active Service), 1 year, 11 months, and 17 days
* item 22c (Foreign and/or Sea Service), USARPAC (U.S. Army Pacific), 4 months and 10 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

*	NDSM
*	VSM
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
   (M-14)
		*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  As a related matter, a review of his records indicates he is entitled to additional awards.

6.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  

9.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  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 36th Engineer Battalion, was cited for award of the:

* Meritorious Unit Commendation (MUC) for the period 1 October 1967 to 31 August 1968, by DAGO Number 51, dated 1971
* RVN Civil Action Honor Medal First Class Unit Citation for the period 1 September 1967 to 31 May 1968, by DAGO 2, dated 1971

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time of the applicant's release from active duty contained guidance for preparation of the DD Form 214.  It stated item 24c will be completed by entering the total active duty service outside of the Continental United States and the last overseas theater service was performed, e.g. USARPAC for service in Vietnam.  

12.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show his service in Vietnam was carefully considered and determined to have merit. 

2.  His foreign service theater is shown on his DD Form 214; however, the geographic location was not required to be shown during his time of service.  Although there was no provision to record deployed service in the Remarks section of the DD Form 214 at the time of the applicant's period of service, a change in the regulation in 1971 did add service in Indochina and Korea to the remarks section of Soldiers DD Forms 214.  Therefore, there would be no harm in reflecting his Vietnam service in item 30 (Remarks) of his DD Form 214.

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP4/E-4, and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended 
for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 25 January 1966 through 11 January 1968 and to correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on his previously-awarded VSM.

5.  He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation.  He also served with the 36th Engineer Battalion during a period for which the unit was awarded the MUC and the RVN Civil Actions Honor  Medal with First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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.  Awarding him the AGCM (1st Award) for the period 25 January 1966 through 11 January 1968. 

     b.  Amending his DD Form 214 by deleing the VSM and adding the: 

* AGCM (1st Award)
* VSM with one bronze service star
* MUC
* RVN Civil Actions Honor  Medal with First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation 

     c.  Adding to item 30 of his DD form 214 the entry "Vietnam – 1 September 1967 thru 9 January 1968, Indochina – Yes, Korea – No."




      _______ _   __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)                                         AR20140016550



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ABCMR Record of Proceedings (cont)                                         AR20140016550



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