IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000654


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 the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and his foreign service in the Republic of Vietnam.  

2.  The applicant states he served in the Republic of Vietnam from November 1967 through September 1968.

3.  The applicant provides a copy of 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 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 1 November 1966.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 76A (Supply Clerk).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 30 October 1967 through on or about 17 October 1968.  

4.  Item 38 (Record of Assignments) of his DA Form 20 show that during his period of service in the Republic of Vietnam, he was assigned to the 613th Transportation Detachment from on or about 1 November 1967 through on or about 5 September 1968, and he was assigned to the 106th General Hospital in Japan, in a patient status, from on or about 6 September 1968 through on or about 17 October 1968.

5.  His record is void of documentation that further explains the nature of his period of hospitalization.

6.  General Orders Number 5867, issued by Headquarters, 101st Airborne Division on 11 September 1968, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam, during the period            1 March 1968 through 31 July 1968.

7.  He was honorably released from active duty on 17 October 1968 and transferred to the U.S. Army Reserve Control Group.  His DD Form 214 shows he completed 1 year, 11 months, and 17 days of total active service.  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 combat operations in Vietnam.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows that during his service in the Vietnam, he participated in the following four campaigns:
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July  1968 – 1 November 1968)

	b.  The Republic of Vietnam 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.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

10.  His record is void of documentation that shows he was awarded the Army Good Conduct Medal; however, it is also void of a commander's disqualification statement related to his initial award of the Army Good Conduct Medal, or documentation that shows he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the Uniform Code of Military Justice.  

11.  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 or she could not have been convicted by court-martial under the UCMJ.
	
12.  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 613th Transportation Detachment, to which the applicant was assigned, was cited for the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 22 February 1967 through 17 May 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 July 1968 through 2 May 1970, by DAGO Number 48, dated 1971

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It is important that information entered on the form should be complete and accurate.  Section III of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that:

   a. Item 22c (Statement of Service – Foreign and/or Sea Service) would show the total active service performed outside the continental limits of the U.S., for the period covered by the DD Form 214, and the last overseas theater service in which the service was performed (e.g., USARPAC (U.S. Army Pacific), USARV, etc.); and

   b. Item 30 (Remarks) was used for Department of the Army mandatory requirements when a separate block was not available and as a continuation entry; however, it did not mandate an entry to document service in the Republic of Vietnam, as was the case with future editions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from on or about 30 October 1967 through on or about 5 September 1968, a period of 10 months and 6 days.  He also served an additional 1 month and 12 days of foreign service in Japan.  These two periods equate to 11 months and 17 days.

2.  Based on his period of service in the Republic of Vietnam, he served a period of qualifying service for the Vietnam Service Medal.  He also participated in four campaigns during this period of service that entitles him to four bronze service stars for wear on this service medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with four bronze service stars.

3.  He also served during a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960), and his DD Form 214 should be corrected to show his authorization for this foreign award.

4.  He served a total of 11 months and 17 days of foreign service.  This total period is not reflected in item 22c of his DD Form 214.  Therefore, item 22c of his DD Form 214 should be amended to show he served 11 months and 17 days of foreign service in the USARPAC Theater of Operations. 

5.  The governing regulation in effect at the time did not require a separate entry in item 30 for service in the Republic of Vietnam; however, as a matter of equity, it would be appropriate to amend item 30 of his DD Form 214 to add "SERVICE IN USARPAC (VIETNAM) FROM 30 OCTOBER 1967 TO 5 SEPTEMBER 1968."

6.  As related issues, he is authorized additional awards.

7.  General orders awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam, during the period 1 March 1968 through 31 July 1968.  The Army Commendation Medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

8.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the initial award of the Army Good Conduct Medal for the period 1 November 1966 through 17 October 1968, and to correction of his DD Form 214 to show this award.

9.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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    1 November 1966 through 17 October 1968; 

   b. amending item 22c of his DD Form 214 by deleting the entry "See item #30" and replacing it with the entry "0  11  17";
c. Amending item 24 of his DD Form 214 to add the:

* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

   d. amending item 30 of his DD Form 214 to add the entry "SERVICE IN USARPAC (VIETNAM) FROM 30 OCTOBER 1967 TO 5 SEPTEMBER 1968." 





      __________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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20150000654



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