IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090004372 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Republic of Vietnam (RVN) campaign and service medals.  He also requests in effect, that he be awarded any other medals that he is eligible for while he was assigned to the United States Army Pacific (USAPAC) and the RVN.

2.  The applicant states, in effect, that he did not realize these medals were not listed on his DD Form 214.  

3.  The applicant provides a copy his DD Form 214 in support of this 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 available evidence shows that the applicant was inducted into the Army of the United States on 11 May 1966.

3.  Item 31 of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was arrived in the RVN on 14 February 1968.  Item 31 does not show a departure date.  Item 38 (Record of Assignments) of his DA Form 20 shows that he was assigned to the 307th Engineer Battalion in the RVN from 14 February through 14 April 1968.  

4.  On 25 April 1968, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 15 days of active military service with no lost time.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he received the Parachutist Badge and the National Defense Service Medal.  

5.  The applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

6.  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 the RVN from
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.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of 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.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with device (1960).

8.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Tet Counteroffensive and the Vietnam Counteroffensive Phase IV Campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 
9.  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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

10.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was cited for award of the Civil Actions Honor Medal, First Class Unit Citation for the period 12 March to 4 October 1968 by Department of the Army General Orders Number 48, dated 1971.

11.  Army Regulation 672-5-1 (Awards), 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.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant did not serve for the qualifying
6-month period for award of the Republic of Vietnam Campaign Medal with device (1960). Therefore, he is not entitled to have his records corrected to show this award.

2.  Evidence of record shows that the applicant served a qualifying period of service in the RVN with an organization participating in or directly supporting military operations in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show award of the Vietnam Service Medal.  Records also show that he served in two campaigns in the RVN.  Therefore, he is entitled to wear two bronze service stars on his Vietnam Service Medal.

3.  General Orders show the 307th Engineer Battalion was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to this unit, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his record to show these awards.


4.  The available evidence confirms the applicant served honorably from
11 May 1966 through 25 April 1968 and there is no derogatory information in the available record that would have disqualified him for award of the Good Conduct Medal (1st award).  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of service.

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 amending his DD Form 214 to add the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and the Good Conduct 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 Republic of Vietnam Campaign Medal with device (1960).




      _______ _   __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)                                         AR20090004372



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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