IN THE CASE OF:	  

	BOARD DATE:	  21 August 2008

	DOCKET NUMBER:  AR20080008451 


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 of his military records to show that he served in the Republic of Vietnam. 

2.  The applicant states that the Department of Veterans Affairs (VA) has denied his claim for PTSD [Post Traumatic Stress Disorder] because his records do not show any record of his service in the Republic of Vietnam.

3.  The applicant indicated on his application that he included a copy of his VA file number 28xxxx42; however, this documentation was not enclosed.

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.  On 14 January 1970, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  On 16 June 1970, the applicant was assigned for duty in the Republic of Vietnam as a rifleman with the 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade, Americal Division.

4.  General Orders Number 14875, Headquarters, Americal Division, dated
12 November 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period from 1 July 1970 - 31 October 1970.

5.  On 5 May 1971, the applicant returned to the United States.  He had served in the Republic of Vietnam for a period of 10 months and 20 days. 

6.  On 15 June 1971, the applicant was assigned to the Federal Republic of Germany for duty as an automatic rifleman with the 1st Battalion, 39th Infantry Regiment.

7.  On or about 8 January 1973, the applicant returned to the United States.  He had served in the Federal Republic of Germany for a period of 1 year, 6 months, and 23 days.   

8.  On 10 January 1973, he was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years,
11 months, and 27 days of creditable active service.

9.  Item 22 (Statement of Service) of the applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows that he served in the United States Army, Europe for a period of 1 year, 6 months, and 23 days.  It does not show his service in the Republic of Vietnam.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 list only the National Defense Service Medal.  It does not show any awards for his service in the Republic of Vietnam.


11.  Item 30 (Remarks) of the applicant’s DD Form 214 does not include any remarks concerning his foreign service.

12.  Item 41 (Awards and Decorations) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14 and M-16], Grenade [M-79], and Pistol [.45 caliber] Bars. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 31st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal 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.
 



17.  Item 38 (Record of Assignments) of the DA Form 20 shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

18.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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 Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant completed a tour of duty in both the Republic of Vietnam and in the Federal Republic of Germany.  He served overseas for a total of 2 years, 5 months, and 12 days.  Therefore, his 
DD Form 214 should be corrected to show this service in Item 22, Statement of Service.  

2.  Item 30 (Remarks) of the applicant’s DD Form 214 should show his service dates in the Republic of Vietnam from 16 June 1970 to 5 May 1971; and in the Federal Republic of Germany from 15 June 1971 to 8 January 1973.

3.  As further proof of his service in the Republic of Vietnam, his awards should also be added to his DD Form 214.

4.  General Orders show that the applicant was awarded the Army Commendation Medal.  Therefore, this award should be shown on his DD Form 214.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.


6.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with two bronze service stars.

7.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

8.  The applicant’s unit was cited in General Orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

9.  Records show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars.   Therefore, his DD form 214 should 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 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.  awarding him the Army Good Conduct Medal for the period from 
14 January 1970 to 10 January 1973;

     b.  showing in Item 22 (Statement of Service) of his DD Form 214 that he served overseas for a total of 2 years, 5 months, and 12 days;

     c.  showing in Item 30 (Remarks) of his DD Form 214 that he served in the Republic of Vietnam from 16 June 1970 to 5 May 1971; and in the Federal Republic of Germany from 15 June 1971 to 8 January 1973;

     d.  showing, in addition to the award already shown on his DD Form 214, that his awards include the Army Commendation Medal; Army Good Conduct Medal; Vietnam Service Medal with two bronze service stars; Republic of Vietnam Campaign Medal with Device (1960); Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Sharpshooter Marksmanship Qualification Badge with Rifle, Grenade, and Pistol Bars.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008451



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