PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 February 2002
	DOCKET NUMBER:   AR2001060991

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lestor Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant request, in effect, that his separation document (DD Form 214) be corrected to show he completed a full tour in the Republic of Vietnam (RVN).  

3.  The applicant states, in effect, that the DD Form 214 issued to him on 
4 October 1967, does not accurately reflect his total foreign service in item 
22c (Foreign Service) and that it should be corrected to show he completed a tour in the RVN.  In support of his application, he submits copies of the order assigning him to the RVN and the order reassigning him from the RVN to the Continental United States (CONUS). 

4.  The applicant’s military records show entered the Army on 29 July 1965, and that he continuously served on active duty for 2 years, 2 months, and 6 days, until being honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 3, for hardship reasons on 4 October 1967. 

5.  The DD Form 214 issued to the applicant on the date of his separation from active duty, 4 October 1967, confirms that he held the rank of specialist/E-4 (SP/E-4) and was serving in military occupational specialty (MOS) 05H20 
(Morse Interpreter) on the date of his separation.  It also indicates in item 
22c (Foreign Service) that he completed 2 months and 8 days of foreign service in the RVN during his active duty tenure.  Item 30 (Remarks) contains the entry “Enlisted Member (EM) separated on temporary records and soldier’s affidavit”.

6.  The applicant’s official military record contained a copy of Letter Orders Number 4-219, dated 15 April 1966, issued by Headquarters, United States Army Security Agency Training Center & School, Fort Devens, Massachusetts.  This order confirms that he was assigned to the RVN with a reporting date to the replacement station at Oakland, California of 11 May 1966.  It also contained a copy of Special Orders Number 117, dated 7 May 1967, issued by Headquarters, 313th Radio Research Battalion, APO San Francisco 96350, which reassigned the applicant from the RVN to the CONUS on 8 May 1967. 

7.  The applicant’s Official Military Personnel File (OMPF) included a Health Record-Abstract of Service (DA Form 2658) which shows that the applicant’s medical records were maintained at the 134th Medical APO 96308, RVN, from 
12 May 1966 to 14 October 1966; and at the 25th Medical Battalion, Plieku, RVN, from 15 October 1966 to 3 May 1967.

8.  In addition, the applicant’s file contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served during his tenure on active duty.

9.  A DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 1 March 1973, corrected the applicant’s 4 October 1967 DD Form 214 to show he was awarded the Vietnam Service Medal (VSM).

10.  On 5 May 1983, an Authorization for Issuance of Awards (DA Form 1577), dated 5 May 1983, issued by the Reserve Components Personnel and Administration Center, St. Louis, Missouri, authorized the applicant to receive the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-13 contains guidance on the Vietnam Service Medal and it states, in pertinent part, that this award is authorized to any solider who served in the RVN and it further states that one bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.  

12.  Paragraph 9-19 provides guidance on the Republic of Vietnam Campaign Medal and it states, in pertinent part, that this award is authorized to soldiers who served in the RVN for 6 months during the period 1 March 1961 through 
28 March 1973.  

13.  Chapter 4 contains guidance on the award of the AGCM and it states, in pertinent part, that this award is authorized for members who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  For the first award only, a period of 1 or more years is a qualifying period if it is awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, any disqualification must be justified.

14.  Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in Vietnam would be shown and that service performed in Indochina and Korea would be addressed with a Yes or No entry.

15.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to United States Army Vietnam or Military Assistance Command Vietnam and its subordinate units from 8 February 1962 to 28 March 1973.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he served in the RVN for more than 2 months and 8 days and finds this claim has merit.  The evidence of record confirms the applicant arrived in the RVN on 12 May 1966 and served there until his departure for CONUS on 8 May 1967. 

2.  In addition, the Board notes that the applicant was separated and that his 
DD Form 214 was prepared using temporary records.  Therefore, the Board finds it reasonable to presume that the amount of foreign service shown on the applicant’s DD Form 214 was in error.  Thus, the Board concludes it would be appropriate, in order to ensure the applicant is not deprived of any benefits or entitlements due him as a result of his service in the RVN, to correct his 
DD Form 214 to show he served in the RVN from 12 May 1966 to 8 May 1967. 

3.  The evidence of record also verifies that the applicant served a qualifying period of service that entitles him to receive the AGCM.  Therefore, given there is no derogatory information on file that would disqualify him from receiving this award or a formal disqualification by any of the unit commanders for which he served, the Board concludes it would be appropriate to award him the AGCM at this time. 

4.  The record also confirms that based on his service in the RVN, the applicant was entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal with 60 Device, and 3 bronze service stars with his Vietnam Service Medal.  Thus, the Board finds it would be appropriate to add these awards to his record at this time. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned served in the RVN for 11 months and 
27 days in item 22c (Foreign And Or Sea Service ) of his DD Form 214, dated 
4 October 1967; by adding the entry “VIETNAM SERVCE: 660512-670508 to item 30 (Remarks) of his DD Form 214, dated 4 October 1967; by awarding him the Army Good Conduct Medal for his honorable active military service from
29 July 1965 to 4 October 1967; by showing he earned the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, and 3 bronze service stars for his Vietnam Service Medal; and by providing him a corrected separation document that reflects these changes.  

BOARD VOTE:  

__FNE__  __MKP__  ___LE___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060991	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/07	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	303.00	
2.		
3.		
4.		
5.		
6.