IN THE CASE OF:	  

		BOARD DATE:	  3 September 2015

		DOCKET NUMBER:  AR20150001038 


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 dates entered in the appropriate block and all Vietnam service medals.

2.  The applicant states:

   a.  He served in Vietnam from October 1970 through April 1971.  He was assigned to Company E, 1st Battalion, 501st Infantry, 101st Airborne Division, on the Firebase Birmingham and later Headquarters and Headquarters Company (HHC), 1st Battalion, 501st Infantry, 101st Airborne Division, Camp Evans, Vietnam.  

   b.  His current DD Form 214 shows his Vietnam service dates in the wrong block and does not show that he earned any Vietnam service medals.  This error was discovered when the local Veteran Service Office (VSO) reviewed his records.  The VSO telephoned the Veterans Records office and they confirmed the same.  Both offices noted his Vietnam service dates were entered on his DD Form 214 in the wrong block.  They agreed to proceed as if he did serve in Vietnam and that the form would be corrected.  

   c.  He has since run into issues with the Department of Veterans Affairs (VA) hospital and the local Veterans of Foreign Wars (VFW) questioning his Vietnam service status.  As he gets older and health issues arise he needs to have these records corrected so as not to delay any related services.  The VSO advised him that the problem was a clerical error from 1971 that inadvertently missed the Vietnam services dates entry in the appropriate block of his DD Form 214 as well as listing appropriate service awards.  He is having continued problems with the VSO, VA hospital, and VFW and each have advised him to have this corrected.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* two character witness letters
* two photographs
* Letter Orders Number 03-1112652
* Honorable Discharge 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 the cases 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.

2.  The applicant's military records show he enlisted in the Regular Army on 25 April 1968.  He held military occupational specialty 11C (infantry indirect fire crewman).  

3.  Special Orders Number 212, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA on 31 July 1968, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

4.  His records show he served in:

* Germany from 25 September 1968 through on or about 23 September 1970
* Vietnam from 24 September 1970 through 17 April 1971, during the Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaign and he was assigned to:

* HHC, 1st Battalion (Airmobile), 501st Infantry, from 14 to 16 November 1970
* Company E, 1st Battalion (Airmobile), 501st Infantry, from 17 November 1970 through 4 February 1971
* HHC, 1st Battalion (Airmobile), 501st Infantry, from 5 February through 12 April 1971

5.  He was honorably released from active duty in the rank of sergeant/E-5 on 17 April 1971 and was transferred to a U.S. Army Reserve (USAR) Control Group.  He was credited with completing 2 years, 11 months, and 23 days of net active service.  His DD Form 214 lists in:

* Item 22c (Foreign and/or Sea Service) – 2 years, 7 months, and 13 days and the entry "USARPAC" (U.S. Army Pacific)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – 

* National Defense Service Medal
* Expert Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 30 (Remarks) – Vietnam Service:  24 September 1970 through 17 April 1971

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

* Item 38 (Record of Assignments) - he received "excellent" conduct and efficiency ratings throughout his period of service
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Expert Marksmanship Qualification Badge with Mortar Bar

7.  He provided the following:

* two character witness letters, dated 11 April and 3 May 1971, wherein the applicant's former company commanders confirmed the applicant was assigned to HHC, 1st Battalion (Airmobile), 501st Infantry, and Headquarters Company, 1st Battalion, 501st Infantry, 101st Airborne Division, as the company clerk
* a photograph allegedly of himself taken in Vietnam and a photograph of the Airborne Vietnam shield
* Letter Orders Number 03-1112652, dated 20 March 1974, discharging him from the USAR effective 1 April 1974
* Honorable Discharge Certificate, dated 1 April 1974

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 22c – would list all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e. "USARPAC"
* Item 30 – for service in Vietnam only, it would list Vietnam dates of service

9.  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 service entirely during the period 7 December 1941 through 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.

10.  Army Regulation 600-8-22 (Military Award) states the:

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  To qualify for award of the Vietnam Service Medal an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation

   b.  The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  Awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army GOs.
   
11.  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 1st Battalion, 501st Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March-9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 24 September 1970 through 17 April 1971, a period of 6 months and 24 days.  He completed a qualifying period of service for award of the Vietnam Service Medal with one bronze service star to denote his participation in one campaign, and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He completed 2 years, 11 months, and 23 days of honorable service.  He received "excellent" conduct and efficiency ratings throughout his period of service and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service.  He attained the rank of sergeant/E-5 and served in Vietnam.  Therefore, it would be appropriate to award of him the Army Good Conduct Medal (1st Award) for his period of service from 25 April 1968 through 17 April 1971 and add it to his DD Form 214.

3.  He was awarded the Expert Marksmanship Qualification Badge with Mortar Bar during his period of service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The DD Form 214 he was issued at the time of his separation on 17 April 1971 is properly annotated in item 22c with the last overseas theater (USARPAC) in which he served and in item 30 with his Vietnam service dates in accordance with the regulation in effect at the time.  Therefore, no correction is required and his Vietnam service dates should not be listed in any other block on his DD Form 214.

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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 25 April 1968 through 17 April 1971
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 showing his Vietnam service dates in any other block on his DD Form 214.




      _______ _   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)                                         AR20150001038





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ABCMR Record of Proceedings (cont)                                         AR20150001038



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