IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150003451 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his service in Vietnam and all awards authorized by virtue of that service.

2.  The applicant states he needs written proof of his service in Vietnam.

3.  The applicant provides:

* DD Form 214
* Army Review Boards Agency letter to the applicant, dated 30 April 2015

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 12 February 1969.  On 17 February 1969, he signed a statement attesting to his consideration as a conscientious objector based on his religious training and beliefs.  He stated he was conscientiously opposed to participation in combatant training and service and requested assignment to noncombatant duties for the remainder of his term of service.  He completed training and was awarded military occupational specialty 91B (Medical Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 18 July 1969 through 17 September 1970 (a period of 1 year and 2 months) where he was assigned as a ward attendant with the 8th Field Hospital and the 575th Medical Detachment, U.S. Army Pacific (USARPAC)-Vietnam.  He participated in four campaigns.

4.  His DA Form 20 shows he was awarded the Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

5.  He was honorably released from active duty on 28 September 1970.  His DD Form 214 shows:

* he completed 1 year, 7 months, and 17 days of net active service
* he was awarded or authorized the National Defense Service Medal
* his foreign service in the Republic of Vietnam was not available at the time of separation as he was separated on temporary records and a Soldier's affidavit

6.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows his conduct and efficiency ratings as "excellent" where rated.

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that 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 the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 12 February 1969 through 28 September 1970.  He completed 1 year, 7 months, and 17 days of net active service ending with his release from active duty.  His conduct and efficiency ratings were "excellent" where rated.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

2.  His DA Form 20 shows he was awarded or authorized the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) and he participated in four campaigns during the period 18 July 1969 through 17 September 1970.  The entries on his DD Form 214 pertaining to his service in Vietnam are clearly erroneous.

3.  General Orders Number 8 awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 12 February 1969 through 28 September 1970
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* deleting the following entries to his DD Form 214 –

* item 22c (Foreign and/or Sea Service) – "USARPAC NVAL"
* item 30 (Remarks) – "RVN Service:  NVAL"

* 
adding the following entries to his DD Form 214 –

* item 22 – "USARPAC  1  2  0"
* item 30 – "Vietnam Service:  from 18 July 1969 through 17 September 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)                                         AR20150003451



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ABCMR Record of Proceedings (cont)                                         AR20150003451



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