IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080018132 


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 four bronze service stars affixed to his already-awarded Vietnam Service Medal, and award of the  Armed Service Ribbon (i.e. Army Service Ribbon).

2.  The applicant states that he participated in four campaigns during his service in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214, dated 10 October 1968, and a listing of all Army campaign designations associated with the Vietnam Service Medal, in support of his request.

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 was inducted into the Army of the United States on 6 December 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76W (Petroleum Storage Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 10 October 1968.  The highest rank he attained during his military service was specialist four (SP4)/E-4. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 10 October 1967 to 6 October 1968.  He was assigned to the 235th Aviation Company. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), the TET Counteroffensive (30 January 1968 to 1 April 1968), the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), and the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968)  campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

7.  Headquarters, 10th Aviation Group, Fort Benning, Georgia, Special Orders Number 161, dated 3 August 1967, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 235th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 22 February 1967 to 17 May 1968 based on Department of the Army General Orders Number 21, dated 1969.




9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an excellent efficiency and conduct rating throughout his military service.

10.  Army Regulation 672-5-1, 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

11.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to the Vietnam Service Medal.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

3.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  The evidence of record confirms that the applicant served honorably during the period 6 December 1966 through 10 October 1968.  He attained the rank of SP4/E-4, completed a combat tour in the Republic of Vietnam, and received an excellent conduct and efficiency rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  With respect to the Army Service Ribbon, there is no evidence in the applicant's records and the applicant did not provide any substantiating evidence that he had an active Army status after 1 August 1981.  Therefore, he did not meet the criteria for award of the Army Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 partial 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 December 1966 through 10 October 1968; and 

   b.  adding award of the Good Conduct Medal (1st Award), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Service Ribbon.



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      _______ _   _______   ___
               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)                                         AR20080018132





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ABCMR Record of Proceedings (cont)                                         AR20080018132



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