IN THE CASE OF:	  

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140017170 


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:

* in item 10c (Date Inducted) 27 February 1969
* in item 22c (Foreign and/or Sea Service) his service in the Republic of Vietnam (RVN)
* award of the Vietnam Service Medal

2.  The applicant states his DD Form 214 is not accurate and he needs the document corrected to qualify for Department of Veterans Affairs Health Insurance.

3.  The applicant provides a:

* letter from the National Personnel Records Center
* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* letter from the Illinois Veterans' Commission

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 (AUS) on
27 February 1969 in the rank of private E-1.  He completed training and was awarded military occupational specialty 74F (Computer Programmer).  

3.  The applicant's record contains:

   a.  DD Form 47 (Record of Induction) which shows he was inducted into the AUS on 27 February 1969.

   b.  U.S. Army Republic of Vietnam Form 560-R (Election for Notification of Next of Kin and Identification of Watch List Personnel), dated 5 July 1970, and authenticated with his signature, which is completed by all personnel upon arrival in the RVN.

   c.  Special Orders Number 345, issued by Headquarters, U.S. Army Support Command, Qui Nhon, dated 11 December 1970, which relieved him from the U.S. Army Depot, Qui Nhon and reassigned him to the 516th Personnel Service Company, APO 96349, effective 15 December 1970.
   
   d.  Special Orders Number 20, issued by U.S. Army Flight Training Center and Fort Stewart, Fort Stewart, GA, dated 26 January 1971, which show while assigned to Headquarters and Headquarters Company, Number 2, Hunter Army Airfield, GA, he was reassigned to the U.S. Army Transfer Point, Fort Stewart, GA, effective 26 February 1971, for the purpose of separation processing.
   
4.  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.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 26 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years of total active service during this period.  The DD Form 214 he was issued at the time shows in:
* item 10c - "NA"
* item 22c - "0  0  0"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following campaign:  Vietnam Counteroffensive, Phase VII.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contained guidance for preparation of the DD Form 214.  It stated
item 10c is applicable to individuals who were inducted as (as opposed to enlisted).  (Showed the date of induction).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 has been carefully examined and found to have partial merit.

2.  The applicant's DD Form 47 clearly shows he was inducted into the AUS on 27 February 1969.  Therefore, he is entitled to correction of item 10c of his 
DD Form 214 to show this date.

3.  The evidence of record confirms he served honorably during the period 27 February 1969 through 26 February 1971.  He received all "excellent" conduct and efficiency ratings throughout his service and his record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for this period of service and correct his
DD Form 214 to show the medal.

4.  The applicant has not provided nor do his records contain sufficient evidence to confirm his actual dates of service in the RVN, in particular, his departure date.  While the exact dates of the applicant's service in the RVN are ambiguous, the evidence of record clearly shows he was in country as of 5 July to at least 
15 December 1970 (a period of 5 months and 11 days).  Therefore, he is entitled to the Vietnam Service Medal with one bronze service star and correction of item 22c of his DD Form 214 to show the entry "0  5  11."  Furthermore, item 30 (Remarks) of his DD Form 214 should be corrected to add the entry "Service in Vietnam:  5 July - 15 December 1970."

5.  The applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of his assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 Army Good Conduct Medal (1st Award) for the period 27 February 1969 through 26 February 1971;
   
   b.  deleting the entry "NA" from item 10c of his DD Form 214 and replacing it with the entry "27 Feb 69";
   
   c.  deleting the entry "0  0  0" from item 22c of his DD Form 214 and replacing it with the entry "0  5  11"; 
   
   d.  adding to item 24 of his DD Form 214 the following:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation

e.  adding the entry "Service in Vietnam:  5 July - 15 December 1970."



      _______ _   _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)                                         AR20140017170



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ABCMR Record of Proceedings (cont)                                         AR20140017170



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