IN THE CASE OF:	  

		BOARD DATE:	       28 JULY 2009

		DOCKET NUMBER:  AR20090004311 


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 correction of item 22c (Foreign and/or Sea Service) on his DD Form 214 (Report of Transfer or Discharge) to show he served 18 months in Vietnam.  He also requests that his DD Form 214 be amended to show the Bronze Star Medal.

2.  The applicant states, in effect, that item 22c on his DD Form 214 only shows he served 6 months in Vietnam and item 30 (Remarks) shows he served 
18 months in Vietnam.  He also states that the Bronze Star Medal was omitted from his DD Form 214.

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 29 May 1969 for a period of 
3 years.  He arrived in Vietnam on 10 January 1970.  He served as a track vehicle mechanic assigned to the 47th Transportation Company in Vietnam from 19 January 1970 through 26 January 1970.  He was assigned to the 538th Transportation Company in Vietnam from 27 January 1970 through 6 August 1971.  On 26 December 1971, the applicant was released from active duty in the rank of specialist four after completing 2 years, 6 months, and 28 days of creditable active service with no time lost.

3.  Item 22c on the applicant’s DD Form 214 shows the entry "USARPAC [U.S. Army Pacific] 0 6 27" [i.e., 6 months and 27 days].  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.  Item 30 on his DD Form 214 shows the entry "VN [Vietnam] SERVICE: 10 Jan 70 - 6 Aug 71" (a total of 1 year, 6 months, and 
27 days).

4.  Headquarters, U.S. Army Support Command, Saigon General Orders Number 293, dated 1 April 1971, show the applicant received the Bronze Star Medal. 

5.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  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 the 538th Transportation Company was awarded the Meritorious Unit Commendation for actions during the period 
1 September 1968 to 28 February 1970 based on Department of the Army General Orders Number 24, dated 1972.

8.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards), 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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Item 22c on the applicant's DD Form 214 shows he served 6 months and 
27 days of foreign service.  However, evidence of record shows he served in Vietnam from 10 January 1970 through 6 August 1971, a total of 1 year, 
6 months, and 27 days.  Therefore, item 22c on his DD Form 214 should be corrected to show he served 1 year, 6 months, and 27 days of foreign service in USARPAC.

2.  Orders show the applicant received the Bronze Star Medal.

3.  The applicant was separated in the rank of specialist four with almost 31 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 May 1969 through 26 December 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.



4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant’s unit was cited for award of the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award 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 first award of the Good Conduct Medal for the period 
29 May 1969 through 26 December 1971;   

	b.  deleting the entry in item 22c on his DD Form 214;

	c.  adding the entry "USARPAC 1 6 27" in item 22c on his DD Form 214; and 






	d.  adding the Good Conduct Medal, the Bronze Star Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20090004311





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ABCMR Record of Proceedings (cont)                                         AR20090004311



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