BOARD DATE: 13 March 2012 DOCKET NUMBER: AR20110017856 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show: * His Vietnam service from 20 January 1968 to 1 September 1968 * Award of the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Correction of his middle name from "Theorore" to "Theodore" 2. The applicant states his DD Form 214 does not reflect his awards and decorations or show his Vietnam service. This oversight is causing an interruption in the benefits to which he is entitled. 3. The applicant provides his DD Form 214 and his DA Form 20 (Enlisted Qualification Record). 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's record contains a DD Form 398 (Statement of Personal History), dated 12 August 1966, that was prepared during his induction processing. This form shows his middle name as "Theodore." 3. The applicant was inducted into the Army of the United States on 8 September 1966. He completed training and he was awarded military occupational specialty 64B (Heavy Vehicle Driver). The highest rank/grade he attained while serving on active duty was specialist four/E-4. 4. Records show he was assigned to Fort Hood, TX, from 10 February 1966 to 13 December 1967. He served in Vietnam with the: * 446th Transportation Company from 20 January 1968 to 28 January 1968 * 261st Transportation Company from 29 January 1968 to 1 September 1968 5. He was honorably released from active duty on 3 September 1968 as an overseas returnee. The DD Form 214 he was issued at the time shows in: * Item 1 (Last Name, First Name, Middle Name) his middle name as "Theorore" * Item 22b (Total Active Service) he completed 1 year, 11 months, and 26 days of total active service * Item 22c (Foreign and/or Sea Service) he completed 7 months and 12 days of foreign service * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list any awards * Item 30 (Remarks) no entry for deployed service 6. A review of his record indicates his entitlement to additional awards which are not listed on his DD Form 214. 7. Special Orders Number 308, issued by Headquarters, 2nd Armored Division, Fort Hood, dated 4 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. This pamphlet shows the 261st Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 through 15 January 1969, by Department of the Army General Orders (DAGO) Number 53, dated 1970. 10. Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. 11. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam the applicant participated in the following four campaigns: * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 12. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 13. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record does not contain any derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal. There is also no record of a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal. 14. 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 first award only, 1 year served entirely during the period 7 December 1941 to 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. 15. Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in the "Remarks" section. DISCUSSION AND CONCLUSIONS: 1. The applicant's DD Form 398 lists his middle name as "Theodore," not "Theorore." This is the only document, other than his DD Form 214, listing his full middle name. It is clear that the middle name on his DD Form 214 was incorrectly spelled as a result of an administrative error. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his middle name as "Theodore." 2. Records show the applicant served in Vietnam from 20 January 1968 to 1 September 1968. His DD Form 214 shows he served overseas for 7 months and 12 days. Although there was no provision to enter the location of his deployed service on his DD Form 214 at the time of his release from active service, there are regulatory provisions for doing so now. Therefore, there would be no harm in correcting his DD Form 214 to show his service in Vietnam. 3. With respect to his request for awards: a. special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his DD Form 214 should be corrected to show this qualification badge; b. records show he served a qualifying period of service for the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this award; c. general orders awarded Headquarters, U.S. Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. Therefore, his DD Form 214 should be corrected to show this unit award; d. records show he served a qualifying period of service for award of the Vietnam Service Medal. Records also show he participated in four campaigns phases during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars; e. records show he served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960). Therefore, he is entitled to correction of his DD Form 214 to show this award; f. general orders awarded his unit the Meritorious Unit Commendation during his period of service. Therefore, his DD Form 214 should be corrected to show this unit award; and g. records confirm he served honorably on active duty during the period 8 September 1966 through 3 September 1968 and he received all "excellent" conduct and efficiency ratings through his service. His record is also void of any derogatory or disciplinary actions, time lost, or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 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. deleting from item 1 of his DD Form 214 his current middle name and replacing it with the entry "Theodore"; b. awarding him the Army Good Conduct Medal (1st Award) for the period 8 September 1966 through 3 September 1968; c. adding to item 24 of his DD Form 214 the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle bar (M-14) d. adding to item 30 of his DD Form 214 the entry "SERVICE IN VIETNAM FROM 19680120 - 19680901." _________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) AR20110017856 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017856 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1