IN THE CASE OF:	 

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080010333 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.

2.  The applicant states that he was presented the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) by his unit commander; however, the medals and campaign service stars were removed from his records at his next duty station and not entered on his separation document.

3.  The applicant provides a copy of his DD Form 214 and a copy of a memorandum in support of his application.

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 records show he enlisted in the Regular Army on 
7 November 1966.  He completed basic and advanced individual training and was awarded the military occupational specialty 31E (Field Radio Repairman).  The highest rank he attained while serving on active duty was specialist five (temporary)/pay grade E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Thailand during the period 3 August 1967 through 5 August 1968.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in Thailand, he was assigned to Headquarters and Headquarters Detachment, 379th Signal Battalion (Support), U.S. Army Pacific-Thailand, performing duties as a radio repairman.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows award of the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  It also shows entries for the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960); however, the entries are lined through.  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 12 March 1969.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal.

6.  The applicant's records do not contain any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority while serving on active duty.

7.  The applicant provided a copy of a memorandum, dated 17 July 1968, subject:  Award of VSM and VCM, directing award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960) on DA Forms 66 (Officer Qualification Record) or DA Forms 20 for all personnel serving in Thailand.

8.  On 18 October 1969, the applicant was released from active duty with an honorable characterization of service.  He completed a total of 2 years, 
11 months, and 12 days of creditable active service.

9.  The applicant received conduct and efficiency ratings of "excellent" throughout his tenure of service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

11.  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.  This regulation also provides, in pertinent part, that one bronze service star is authorized for wear on the Vietnam Service Medal for each campaign under the following conditions:  (1) assigned or attached to and present for duty with a unit during the period in which it participated in combat and (2) under orders in the combat zone.  The boundaries of the Vietnam combat zone for campaign participation credit are defined as an area which includes Vietnam and the water adjacent thereto.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal was carefully considered and determined to have merit.

2  The memorandum, dated 17 July 1968, subject:  Award of VSM and VCM, is documentary evidence the applicant served in an area in support of the Vietnam Conflict during the regulatory authorized period.  Therefore, the applicant met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).

3.  Records show the applicant met the criteria for award of the Vietnam Service Medal.  Therefore, he is entitled to award of the Vietnam Service Medal.  However, his service in Thailand does not qualify for campaign participation credit relative to authorization for wear of bronze service stars.

4.  Evidence of record confirms that the applicant served honorably during the period 7 November 1966 through 18 October 1969 with excellent ratings for conduct and efficiency.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Army Good Conduct Medal.

5.  General Orders awarded the unit to which the applicant was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign 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 awarding him the Army Good Conduct Medal for the period 7 November 1966 through 18 October 1969, and amending his DD Form 214 to show award of the Army Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20080010333



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ABCMR Record of Proceedings (cont)                                         AR20080010333



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