RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060011291 


	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. Gerard W. Schwartz

Acting Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his award of the Vietnam Service Medal and his period of service in Vietnam be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect that an administrative error occurred that resulted in the omission of these entries from his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 15 September 1967, the date of his release from active duty.  The application submitted in this case is dated 1 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The records show the applicant entered active duty on 9 December 1965, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry Regiment from 22 September 1966 through 29 April 1967 and with Advisory Team Number 51, IV Corps Advisory Group from 30 April 1967 through 14 September 1967.

5.  The DA Form 20 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

6.  The DA From 20 also reports his conduct and efficiency ratings were exclusively excellent.  
7.  The applicant was honorably separated from active duty on 15 September 1967, as a specialist four (E-4), with 1 year, 9 months, and 7 days of creditable service.  His DD Form 214 lists his awards as the National Defense Service Medal, the Republic of Vietnam Campaign Medal with "1960" device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It also shows he had 11 months and 23 days of foreign service in USARPAC (United States Army, Pacific).  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry Regiment from it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  

9.  Army Regulation 600-8-22 (Military Awards) states that the Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  Service on temporary duty must have been for 30 consecutive days or 60 nonconsecutive days.  

10.  Army Regulation 600-8-22. chapter 4, states that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following two campaign periods: the Counteroffensive Phase II, 1 July 1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 – 29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, and his promotion to E-4 in under two years.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 9 December 1965 through 15 September 1967.

2.  An administrative error omitted the applicant's authorized award of the Vietnam Service Medal from his DD Form 214.  It is appropriate to correct his DD Form 214 to show this award.

3.  Since the applicant served in Vietnam during two campaign periods he is authorized to wear two bronze service stars on the Vietnam Service Medal.

4.  In addition to the above noted awards, the applicant is also authorized award of the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award. 

5. The applicant's  DD Form 214 shows service in the Pacific theater of operations but not specifically in Vietnam.  While the USARPAC entry is not incorrect, normally service in Vietnam is specifically denoted as such.  It is appropriate, therefore, to clarify the location of his foreign service by correcting his DD Form 214 to show that his period of foreign service was in Vietnam.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 September 1970.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LE ___  __LMB___  __MJF__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal for his period of service from 9 December 1965 through 15 September 1967.

2.  The Board also determined that the records should be corrected to show that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the Vietnam Service Medal with two bronze service stars, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

3.  The Board further determined that the applicant's DD From 214 should be corrected to show that his entire period of foreign service was served in Vietnam. 



      __Lester Echols_______
          CHAIRPERSON


INDEX

CASE ID
AR20060011291
SUFFIX

RECON
 
DATE BOARDED
20070329
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
                                                                      
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.
100
3.

4.

5.

6.