AR20150009262

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009262

BOARD VOTE:

____X_____ ___X____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

____ ___ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009262

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. deleting the Vietnam Service Medal from his DDForm214;

b. awarding him the Army Good Conduct Medal (1stAward) for the period 29January 1968 to 9 September 1969;

c. adding to item22c of his DDForm214 “USARPAC”;

d. adding to item24 of his DDForm214 the:

* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal (1stAward)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2ndAward)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

e. adding the entry “SERVICE IN VIETNAM FROM 18 SEPTEMBER 1968 TO 7 SEPTEMBER 1969” to item30 of his DDForm214.

_____________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.

IN THE CASE OF:

BOARD DATE: 31 March 2016

DOCKET NUMBER: AR20150009262

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 DDForm214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam.

2. He states his Air Medal shows he served in the Republic of Vietnam (RVN) from 11 February 1969 to 15 July 1969.

3. He provides his DDForm214 and Air Medal Certificate, dated 14 October 1969.

CONSIDERATION OF EVIDENCE:

1. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 UnitedStates on 29 January 1968. He served in the RVN from 18 September 1968 to 5 September 1969.

3. His DAForm20 (Enlisted Qualification Record) shows in:

a. item38 (Record of Assignments), he was assigned to the following units during his service in the RVN:

* 23dAdjutant General Administration Company, Replacement Detachment from 18 September 1968 to 30 September 1968
* Company D, 4th Battalion, 21st Infantry Brigade, 11th Infantry Division from 1 October 1968 to 4 September 1969

b. item38 also shows he received all “excellent” conduct and efficiency ratings throughout his period of service except for one rating period of “unknown” while in a casual status.

c. item41 (Awards and Decorations), he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4. There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records. There is also no record of a commander’s disqualification for the Army Good Conduct Medal (AGCM).

5. He was honorably released from active duty on 9 September 1969 and credited with completing 1year, 7months, and 11days of total active service.

6. Headquarters, Americal Division, General Orders Number 7811, dated 12August 1969, show he was awarded the Army Commendation Medal (ARCOM) for the period September 1968 to September 1969.

7. Headquarters, Americal Division, General Orders Number 9438, dated 17September 1969 and certificate, dated 14 October 1969 show he was awarded the Air Medal for the period 11 February to 15 July 1969 in the RVN.

8. His DDForm214 shows in:

a. item22c (Foreign and/or Sea Service), “00 11 21”;

b. item24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge

c. item32 (Remarks), no entries concerning his foreign service.

REFERENCES:

1. Army Regulation 635-5 (Separation Documents) in effect at the time, established standardized policy for preparing and distributing the DDForm214. Section III instructed the preparer, in pertinent part, to enter the total active duty outside continental limits of the United States for the period covered by the DDForm214 and the last oversea theater where service was performed, e.g., U.S.Army Pacific (USARPAC) in item22c. There was no requirement to list the country or the dates of service in item30.

2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1year served entirely during the period 7 December 1941 to 2March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3years but more than 1year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “unknown” for portions of the period under consideration were not disqualifying.

3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows the shows the 23dAdministration Company, to which he was assigned, was cited for the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 53, dated 1970. It also shows the 4th Battalion, 21st Infantry Brigade, to which the applicant was later assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 2, dated 1971 and DAGO Number 42, dated 1972.

4. AppendixB of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive PhaseV (1 July 1968-1 November 1968)
* Vietnam Counteroffensive PhaseVI (2 November 1968-22 February 1969)
* Tet 69Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

DISCUSSION:

1. The evidence of record shows that applicant served in the RVN Vietnam from 18 September 1968 to 5 September 1969. His DDForm214 shows 11months and 21 days of foreign service in item22c, but USARPAC is not listed as his last overseas theater where the service was performed as required by regulation. Additionally, although not required by regulation, but as a matter of equity, it would be appropriate to show in item30 that he served in Vietnam from 18September 1968 to 5 September 1969.

2. Orders show he was awarded the Air Medal and the ARCOM and these awards are not listed on his DDForm214.

3. The evidence of record shows he received “excellent” conduct and efficiency ratings and had one “unknown” rating which is not disqualifying. Additionally, he had no adverse actions or commander’s disqualification for award of the AGCM. Therefore, it appears he met the qualifications for the first award of the AGCM for the period 29 January 1968 to 9 September 1969. This award is not listed on his DDForm214.

4. The evidence of record shows he was assigned to both the 23dAdministration Company and the 4th Battalion, 21st Infantry Brigade when the units were cited for the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation (2nd Award), respectively. However, these unit awards are not listed on his DDForm214.

5. The evidence further shows he participated in four campaigns during his service in the RVN. He was already awarded the VSM, but his VSM does not show four bronze service stars.

6. His DAForm20 confirms that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). These badges are not listed on his DDForm214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009262

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009262

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2