IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20090001756 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show four overseas service bars instead of two.

2.  The applicant states, in effect, that he wants his DD Form 214 to reflect accurate and current information.

3.  The applicant provides a copy of his DD Form 214, dated 12 December 1968 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 in the Army of the United States on 5 December 1968.  However, he was honorably discharged on 12 December 1969 for the purpose of immediate enlistment in the Regular Army and executed a 3-year enlistment on 13 December 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63K (Heavy Equipment Repairman).  He was honorably separated in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 2 December 1971.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 20 July 1969 to on or about 15 July 1970.  He was assigned to 758th Supply and Service Battalion.  He also served in Germany from on or about 29 August 1970 to on or about 2 December 1971.  He was assigned to the 97th Quartermaster Battalion. 

4.  Item 24 (Decoration, 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 Vietnam Campaign Medal, the Bronze Star Medal, the Vietnam Service Medal, and two overseas service bars.  Item 24 does not show award of the Army Good Conduct Medal.

5.  There are no orders in the applicant's records that show he was awarded the Army Good Conduct Medal.

6.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 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.

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 758th Supply and Service Company was awarded the Meritorious Unit Commendation from 1 September 1968 to 31 August 1969 based on the Department of the Army General Orders Number 39, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 8 February 1962 to 28 March 1973 based on Department of the Army General Orders Number 8, dated 1974.

10.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Additionally, appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases V and VI; the TET 1969; and the Vietnam Summer-Fall 1969 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.

11.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Army Good Conduct Medal and four overseas service bars instead of two.

2.  The evidence of record confirms that the applicant served honorably during the period 5 December 1968 through 2 December 1971.  He attained the rank of SP5/E-5, completed a combat tour in Vietnam, and received "excellent" efficiency and conduct ratings 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 Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.
3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

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

5.  With respect to the overseas service bar, the applicant served 12 months in the Republic of Vietnam and was awarded two overseas service bars which are properly listed on his DD Form 214.  His service in Germany does not entitle him to two additional overseas service bars.  Nevertheless, the overseas service bar is an item of clothing governed by Army Regulation 670-1.  Although his current DD Form 214 shows two overseas service bars, there is no provision to list items of clothing on the DD Form 214.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 December 1968 through 2 December 1971; and

	b.  adding awards of the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214, dated 2 December 1971.

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 the applicant’s issue of four overseas service bars.



      _________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)                                         AR20090001756



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ABCMR Record of Proceedings (cont)                                         AR20090001756



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