IN THE CASE OF:	  

		BOARD DATE:	        15 JANUARY 2009

		DOCKET NUMBER:  AR20080016127 


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 and the Republic of Vietnam Campaign Medal with "1960" Device.  He also requests that his military records be corrected to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The applicant essentially states that he was not aware of what action he could take to request the aforementioned relief until he met with a counselor from the Department of Veterans Affairs.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214), a DA Form 1577 (Authorization for Issuance of Awards), dated 12 February 1974, and undated correspondence which shows that certain awards were shipped to him in support of this 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 military records show that he was inducted into the Army of the United States on 8 July 1969.  He completed basic training, then was reassigned to Fort Stewart, Georgia where he served as a Mechanical Maintenance Apprentice and was subsequently awarded military occupational specialty 63C (Track Vehicle Mechanic).  He departed for the Republic of Vietnam on 31 May 1970 and served with Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry Regiment.  He returned to the continental United States on 26 April 1971 and was honorably released from active duty on 27 April 1971.  The DD Form 214 that he was issued at the time of his release from active duty, as amended by his DD Form 215, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant's military records do not show that he was awarded the Good Conduct Medal.  The applicant served 1 year, 9 months, and 20 days of continuous enlisted active duty service from 8 July 1969 to 27 April 1971, and his conduct rating from basic training was rated as "Good".  His conduct and efficiency ratings for the remaining  period of qualifying service were rated as "excellent".  There is also no other derogatory information in his military records, other than his "Good" conduct rating from basic training, which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  There is also no evidence to show that the commander notified him of his intent to disqualify him for award of the Good Conduct Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Republic of Vietnam Campaign Medal with "1960" Device.  However, the applicant served in Vietnam from 31 May 1970 to 26 April 1971.

5.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the DA Sanctuary Counteroffensive campaign and the Vietnam Counteroffensive Phase VII campaign.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying. 

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with "1960" Device.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal and the Republic of Vietnam Campaign Medal with "1960" Device.  He also contends that his military records should be corrected to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The applicant served 1 year, 9 months, and 20 days of continuous enlisted active duty service from 8 July 1969 to 27 April 1971, and while his conduct rating from basic training was rated as "Good", his remaining conduct and efficiency ratings were rated as "excellent" for the remaining period of qualifying service.  There is also no additional derogatory information in his military records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal other than the "Good"  conduct rating.  However, the applicable regulation provides that a "Good" rating from a service school does not disqualify a Soldier from award of the Good Conduct Medal.  While it appears that he has already been issued a Good Conduct Medal, no orders have officially awarded him the Good Conduct Medal.  Therefore, it would be appropriate at this time to formally award him the Good Conduct Medal for the period 8 July 1969 to 27 April 1971, and correct his military records to show the award of the Good Conduct Medal.

3.  The applicant served more than 6 months in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960" Device. Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with "1960" Device, and correction of his military records to show this award.

4.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ________  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Good Conduct Medal for the period 8 July 1969 to 
27 April 1971 while serving as a specialist five;

	b.  adding to his DD Form 214 the Republic of Vietnam Campaign Medal with "1960" Device; and

	c.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.


      _______ _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)                                         AR20080016127



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ABCMR Record of Proceedings (cont)                                         AR20080016127



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