IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150003218 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam (RVN).

2.  He states his foreign service in the RVN was omitted in error.

3.  He provides his DD Form 214 for the period ending 10 July 1968.

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 16 September 1966.  His DA Form 20 (Enlisted Qualification Record) shows in:
	
* Item 31 (Foreign Service) shows he served in the RVN from 12 July 1967 to on or about 7 July 1968
* item 38 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Troop, 1st Squadron, 11th Armored Cavalry Regiment (ACR) from 16 July 1967 to 12 April 1968
* D Company, 1st Squadron, 11th ACR from 6 January to 6 July 1968

* Item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as Change of Rater (CR) wherein he received "unknown" ratings 
* item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with “1960” Device, and two overseas service bars

3.  His record is void of orders awarding him the Army Good Conduct Medal.  There is no evidence of disciplinary actions against the applicant 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.

4.  On 10 July 1968, he was honorably released from active duty.  He completed 1 year, 9 months, and 25 days of creditable active service of which 11 months and 29 days was served overseas in an unspecified location.

5.  His DD Form 214 shows in:

* Item 22c (Foreign and or Seas Service) no overseas location
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the NDSM and a Sharpshooter Marksmanship Qualification Badge (M-14)
* item 30 (Remarks) no entry for Vietnam service

6.  Though he did not directly request it, a review of his records shows he is authorized additional awards for his service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  "Unknown" ratings did not disqualify the enlisted person from being awarded the AGCM.                               

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, states a bronze service star is authorized for the VSM for each Vietnam campaign a member is credited with participating in.  Appendix B shows his service in Vietnam coincides with three campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  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 contained guidance for preparation of the DD Form 214.  It stated item 22c would show the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., U.S. Army Pacific (USARPAC).  Furthermore, the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows that from 12 July 1967 to on or about 11 July 1968 he served in Vietnam.  Therefore, his DD Form 214 should be corrected to show his foreign service in the RVN/USARPAC.
 
2.  The VSM is currently listed on his DA Form 20 and he participated in three campaigns while serving in the RVN.  Therefore, his DD Form 214 should be corrected to show award of the VSM with three bronze service stars.  His DA Form 20 also shows he was awarded the RVN Campaign Medal with Device (1960), and two overseas service bars which are not shown on his DD Form 214. These awards should be added to his DD Form 214.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation during his period of assignment. 

4.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) and his records should be corrected 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 AGCM for the period 16 September 1966 to 10 July 1968; and 
   
   b.  adding to his DD Form 214 in:

* Item 22c the entry "USARPAC"
* Item 24: 

* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* two overseas service bars

* Item 30 the entry "Vietnam Service – 12 Jul 67 to 7 Jul 68"


      ___________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)                                         AR20150003218



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ABCMR Record of Proceedings (cont)                                         AR20150003218



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