IN THE CASE OF:	  

		BOARD DATE:	        25 NOVEMBER 2008

		DOCKET NUMBER:  AR20080012892 


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, that he be awarded the Good Conduct Medal; the Vietnam Service Medal, with two or three bronze service stars; the VCAA [It is believed the applicant is referring to the incorrectly identified Vietnam Civil Actions Award]; and any and all medals and decorations that were awarded to his unit and to which he is entitled and that they be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that the awards were left off his DD Form 214 when he left Vietnam and the Army.

3.  In support of his application, the applicant submitted a copy of his DD Form 214, a copy of his DA Form 20 (Enlisted Qualification Record), a copy of correspondence he received from the National Personnel Records Center; a copy of general orders by which he was awarded the Bronze Star Medal and the Army Commendation Medal; and a copy of special orders by which he was awarded the Expert Badge, with Rifle Bar.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel remained silent and allowed the applicant to present his own case for correction of his military records to the Board. 


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 shows that he was inducted into the Army of the United States on 10 October 1968.  He completed his basic combat training at Fort Bragg, North Carolina, and his advanced individual training at Fort Sill, Oklahoma.  After completing all required training, he was awarded the military occupational specialty (MOS), 13A (Field Artillery Basic).

3.  The applicant served in Vietnam from 12 March 1969 through 11 July 1969 with Battery B, 1st Battalion, 8th Artillery Regiment, and from 12 July 1969 through 11 March 1970, with Battery B, 2nd Battalion, 77th Artillery Regiment, subordinate units of the 25th Infantry Division.  [Item 38 (Record of Assignments), of the applicant's DA Form 20, incorrectly identifies his unit of assignment in Vietnam as the 18th Artillery Regiment; however, the applicant was actually assigned to the 8th Artillery Regiment.]

4.  The applicant was honorably released from active duty, on 9 October 1970, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade, Specialist Four, E-4.  On the date he was released from active duty, he had completed two years active military service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the National Defense Service Medal; the Bronze Star Medal; the Army Commendation Medal; the Republic of Vietnam Campaign Medal, with Device ('60); two overseas service bars; and the Expert Marksmanship Qualification Badge.  The Good Conduct Medal, the Vietnam Service Medal, with two or three bronze service stars; the VCAA; and other medals and decorations awarded his unit are not shown on his DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations), of the applicant's Enlisted Qualification Record, showing he was awarded the Good Conduct Medal and the Vietnam Service Medal, with two or three bronze service stars.  There are also no entries to show he was awarded the VCAA and other medals and decorations awarded his unit and to which he might be entitled.

7.  There are no orders in the applicant's military personnel records awarding him the Good Conduct Medal.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

9.  The applicant's DD Form 214 does not show his entitlement to the Vietnam Service Medal or to any bronze service stars to which he is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following three campaigns of the Vietnam War:  the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

11.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the units the applicant was assigned to were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 21 January 1970, by DAGO Number 51 dated 1971.  The applicant was assigned to these units at the time they were cited for these unit awards.

12.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 336, Paragraph 1, published by Headquarters, US Army Training Center, Infantry, Fort Bragg, North Carolina, on 1 December 1968.  This award is incorrectly identified on the applicant's DD Form 214 as the "EXP QUAL BADGE" and will be correctly identified.


13.  Army Regulation 672-5-1, in effect at the time of the applicant's separation provides 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct 
Medal, disqualification must be justified.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  Army Regulation 600-8-22 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.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

16.  Army Regulation 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good 


Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore entitled to award of the Good Conduct Medal for the period 10 October 1968 through 9 October 1970 and to have this award added to his DD Form 214.

2.  The applicant met the criteria for award of the Vietnam Service Medal.  In addition, the applicant is also entitled to award of three bronze service stars to be 
affixed to his Vietnam Service Medal to denote the three campaigns in which he served while he was in Vietnam.  The applicant is therefore entitled to have his DD Form 214 corrected to add the Vietnam Service Medal, with three bronze service stars.

3.  The applicant served in units which were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of these units.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

4.  The applicant earned the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle).  This badge is not shown correctly on the applicant's DD Form 214.  He is entitled to have this badge correctly shown on his DD Form 214.

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 the applicant the Good Conduct Medal for the period 10 October 1968 to 9 October 1970 and adding this award to his DD Form 214;


      b.  awarding the applicant the Vietnam Service Medal, with three bronze service stars, and adding this award to his DD Form 214; 

      c.  awarding the applicant; the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and adding these unit awards to his DD Form 214; and
      
      d.  deleting the "EXP QUAL BADGE" from the applicant's DD Form 214 and adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), to the applicant's DD Form 214.




      _______ _ XXX  _______   ___
               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)                                         AR20080012892





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ABCMR Record of Proceedings (cont)                                         AR20080012892



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