IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016553


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 foreign service in the Republic of Vietnam.

2.  The applicant states there was an omission on his DD Form 214 and it does not reflect his overseas duty in the Republic of Vietnam.

3.  The applicant provides no additional evidence in support of his request.

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                   19 November 1963.  He completed training and was awarded military occupational specialty 95B (Military Policeman).  

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

* Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 13 August 1965 through on or about 13 November 1965, a period of 3 months
* Item 38 (Record of Assignments), he was assigned to Company C, 504th Military Police Battalion, U.S. Army Pacific (USARPAC)  

4.  He was honorably released from active duty on 19 November 1965 and transferred to the U.S. Army Reserve, by reason of expiration of term of service, after completing 2 years and 1 day of total active service.

	a.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 0 years, 2 months, and 1 day of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the "Rifle (Expert Badge)."

	c.  Item 32 (Remarks) of his DD Form 214 does not show any deployment data.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the                DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  For item 30 (Remarks), record the Soldier's Indochina and Korea service, on or after 5 August 1964, by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  As an example, to show service in Vietnam only, enter "Vietnam - 25 April 1970 through 28 May 1971, Indochina - yes, Korea - no."

6.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 states the Vietnam Service Medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Paragraph 2-13 provides that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following campaign:  the Vietnam Defense (8 March 1965 – 24 December 1965).

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award or any convictions by courts-martial.

10.  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 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, and he/she could not have been convicted by court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant request's correction of his DD Form 214 to show his foreign service in the Republic of Vietnam was carefully considered.

2.  The applicant served in the Republic of Vietnam from on or about 13 August 1965 to on or about 13 November 1965, a period of 3 months.  The governing regulation in effect at the time required the annotation of service in the Republic of Vietnam in item 30 of the DD Form 214; however, his DD Form 214 that covers this period contains no such entry.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.

3.  He served a qualifying period of service for award of the Vietnam Service Medal.  This foreign service medal is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

4.  As a related issue, he participated in a campaign during his service in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star for wear on the Vietnam Service Medal and to correction of his DD Form 214 to show this bronze service star.

5.  He served a qualifying period of honorable service, from 19 November 1963 to 19 November 1965, for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  He served honorably from 19 November 1963 to 19 November 1965.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 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    19 November 1963 to 19 November 1965;

     b.  amending his DD Form 214 by:

		(1)  deleting from item 24c the entry "0 years, 2 months, 1 day";

		(2)  adding to:

			(a)  item 24c, the entry "0 years, 3 months, 0 days";
     
			(b)  item 26, the Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Vietnam Service Medal with 1 bronze service star; and

			(c)  item 30, the entry "Vietnam – 13 August 1965 to 13 November 1965, 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140016553



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