IN THE CASE OF:	 

		BOARD DATE:	       21 January 2009

		DOCKET NUMBER:  AR20080017464 


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 Vietnam campaign medals and service medals be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states that he was discharged at Fort Lewis, Washington but he was not given any credit for Vietnam in-country service.  

3.  The applicant provides a copy of his DD Form 214 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 the Regular Army on 17 August 1965 for a period of three years.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 36C (Lineman).  His highest grade attained was specialist four (SP4)/E-4.  He served in Germany from 18 January 1966 to 20 June 1966.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 7 August 1966 and was assigned to Headquarters and Headquarters Detachment and Company C, 125th Signal Battalion, 25th Infantry Division.  

4.  His DA Form 20 shows he departed Vietnam on 22 July 1967.  He was credited with participation in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns.

5.  Item 41 (Awards and Decorations) on his DA Form 20 lists award of the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, one Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

6.  The applicant was honorably released from active duty on 16 August 1968.  He completed 3 years of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

7.  His DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and one Overseas Service Bar as authorized awards.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 125th Signal Battalion, 25th Infantry Division, it was cited for award of the Meritorious Unit Commendation by Headquarters, Department of the Army General Orders Number 17, dated 1968.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 125th Signal Battalion, 25th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 48, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as 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.  

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a period of honorable service from 17 August 1965 through 16 August 1968.  Therefore, he has met the eligibility criteria for award of the National Defense Service Medal.

2.  The applicant served a period of qualifying service in Vietnam for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  He also received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show award of the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

3.  It appears the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for the period 17 August 1965 through 16 August 1968.  The applicant’s service records show he received conduct and efficiency ratings of "excellent" and was promoted to SP4 during this period.  

4.  The applicant was assigned to a unit during a period it was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to 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 him the Army Good Conduct Medal for the period 17 August 1965 through 16 August 1968; and 

	b.  adding the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his 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)                                         AR20080017464





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ABCMR Record of Proceedings (cont)                                         AR20080017464



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