IN THE CASE OF:	  

		BOARD DATE:	       7 October 2008 

		DOCKET NUMBER:  AR20080011827 


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 that his DD Form 214 be corrected to reflect his service in Vietnam and the awards he earned.

2.  The applicant states, in effect, that his DD Form 214 does not reflect his service in Vietnam and the awards he earned during that service. 

3.  The applicant provides a copy of his DD Form 214 and pages from his Enlisted Qualification Record (DA Form 20), 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 enlisted in Portland, Maine on 28 November 1967 for a period of 2 years under the Buddy Plan.  He completed his basic training at Fort Benning, Georgia and his advanced individual training (AIT) at Fort Lewis, Washington, before being transferred to Vietnam on 11 May 1968 for duty as a light weapons infantryman assigned to 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.  He was advanced to the pay grade of E-4 on 1 August 1968.

3.  He was awarded the Combat Infantryman Badge (CIB) on 15 August 1968 and the Army Commendation Medal on 11 March 1969.

4.  Meanwhile, it was determined that the applicant had a family member in Vietnam and he was reassigned on 15 February 1969 to a depot in Japan for duty as an equipment storage specialist.

5.  He departed Japan on 19 November 1969 and was transferred to Oakland Army Depot in California, where he was honorably released from active duty (REFRAD) on 20 November 1969 as an overseas returnee.  He had served 1 year, 11 months, and 23 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects no awards and decorations.

6.  His records show that he received excellent conduct and efficiency ratings throughout his service and there is no derogatory information contained in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL.

8.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.   


9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  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.
 
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal (RVNCM).  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.
 
11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation during the period he was assigned to the unit.  Additionally, he participated in three campaigns while assigned to Vietnam and thus is entitled to be awarded three bronze service stars for wear on the VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 11 May 1968 to 15 February 1969.  Accordingly, his DD Form 214 should reflect his service in Vietnam in block 30 (Remarks). 

2.  The evidence of record also shows that the applicant was awarded the CIB and ARCOM during his service in Vietnam and those awards should be reflected on his DD Form 214 in block 24.  

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his service from 28 November 1967 through 20 November 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award. 

4.  Additionally, the evidence of record establishes that the applicant is entitled to awards of the NDSM, the VSM with three bronze service stars, the RVN Campaign Medal with Device (1960), the VUA, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.

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.  showing in block 30 (Remarks) of his DD Form 214 the entry “Republic of Vietnam - 11 May 1968 to 15 February 1969”;

	b.  awarding him the GCMDL for the period of 28 November 1967 through
20 November 1969;

	c.  awarding him the NDSM, the VSM with three bronze service stars, the RVN Campaign Medal with Device (1960), the VUA, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation; and

	d.  adding the above awards to his DD Form 214, along with his already-awarded CIB and ARCOM.



      __________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)                                         AR20080011827



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ABCMR Record of Proceedings (cont)                                         AR20080011827



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