IN THE CASE OF:	  

		BOARD DATE:	  28 May 2009

		DOCKET NUMBER:  AR20090002852 


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 all of his awards, his service dates in the Republic of Vietnam, and his record of education and training.

2.  The applicant states, in effect, that these corrections are necessary in order to receive Department of Veterans Affairs benefits.

3.  The applicant provides, in support of his application, copies of his DD Form 214, promotion orders, and a letter from his former commanding general.

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.  On 29 November 1968, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 28, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 28 January 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 86, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 27 March 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  Special Orders Number 95, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 5 April 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.

6.  Special Orders Number 130, The Student Brigade, United States Army Infantry School, Fort Benning, Georgia, dated 28 May 1969, authorized the applicant to wear the Parachutist Badge.

7.  On 3 June 1969, the applicant departed Fort Benning, Georgia, for duty in the Republic of Vietnam.  He arrived on or about 2 July 1969.

8.  On 4 July 1969, the applicant was assigned for duty as a rifleman with Company B, 3rd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade.  On 15 August 1969, he was reassigned to duty as an automatic rifleman.

9.  Special Orders Number 315, 173rd Airborne Brigade, dated 11 November 1969, awarded the applicant the Combat Infantryman Badge.

10.  On 19 November 1969, the applicant departed the Republic of Vietnam for duty in Okinawa.  He had completed approximately 4 1/2 months in the theater.

11.  On 24 November 1969, the applicant was assigned to Headquarters and Headquarters Company, 1st Special Forces Group, in Okinawa.

12.  On 18 November 1970, the applicant returned to the United States.

13. On 22 November 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months, and 24 days of creditable active duty.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal.

15.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 shows "None."

16.  Item 30 (Remarks) of the applicant's DD Form 214 shows, in part, "RVN:  NA."

17.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

18.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.
 
19.  The applicant's DA Form 20 indicates that the only education/training he received during his active duty service was basic and advanced infantry training and the Basic Airborne Course.

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

21.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in Department of the Army General Orders Number 5, dated in 1973, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

23.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that item 25 was to contain entries showing service schools to include major courses successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  This entry included the highest civilian education level acquired during the period of military service, if appropriate.  For enlisted personnel, enter installation training courses, military correspondence courses, and off-duty courses successfully completed during the period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards, education, training, and service in the Republic of Vietnam.

2.  Records show that the applicant served during a qualifying period for award of the Vietnam Service Medal.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, his records should be corrected to show this award.

8.  Special orders show that the applicant was awarded the Parachutist Badge.  Therefore, his records should be corrected to show this award.

9.  Special orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award.

10.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 should be corrected to show that he successfully completed the Basic Airborne Course.

11.  Item 30 (Remarks) of the applicant's DD Form 214 should be corrected to show that he served in the Republic of Vietnam from 2 July 1969 to 18 November 1969.

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 from 29 November 1968 to 22 November 1970;

	b.  showing that, in addition to the award shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

	c.  adding to item 25 of his DD Form 214 the entry "Basic Airborne Course, May 1969";

	d.  deleting from item 30 of his DD Form 214 the entry "RVN:  NA"; and

	e.  adding to item 30 of his DD Form 214 the entry "RVN:  2 July 1969 to 18 November 1969."



      ___________X______________
                 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)                                         AR20090002852



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ABCMR Record of Proceedings (cont)                                         AR20090002852



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