IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090004491 


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 that his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect awards associated with his tour of duty in Vietnam.

2.  The applicant states that his DD Form 214 indicates he served in Vietnam but does not reflect any of the authorized medal or ribbons he would have earned.

3.  The applicant provides a copy of his 1970 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.  Records available to the Board indicate the applicant was initially inducted and entered active duty on 13 June 1967.  He was discharged for the purpose of immediate enlistment in the Regular Army on 18 June 1967.  On 19 June 1967, the applicant executed a 3-year Regular Army enlistment contract.

3.  In January 1968, following completion of training, the applicant was assigned as an airframe repairman with the 612th Transportation Company in Vietnam where he remained until returning to the United States in January 1969.

4.  The applicant was briefly assigned to Hunter Army Airfield in Georgia before being reassigned to a transportation company in Germany in September 1969.  The applicant departed Germany in June 1970 and on 10 June 1970 was released from active duty with an honorable characterization of service.  

5.  The applicant’s 1970 DD Form 214 confirms his tour of duty in Vietnam between January 1968 and January 1969 but reflect only entitlement to the National Defense Service Medal.

6.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) reflects all “excellent” ratings for conduct and efficiency during his period of military service.  His OMPF reflects no record of indiscipline and by November 1968 he had been promoted to pay grade E-5.  The applicant’s 1970 Installation Clearance Record, signed by his unit commander in Germany prior to the applicant’s return to the United States for separation processing, also notes the applicant was recommended for award of the Army Good Conduct Medal.

7.  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.

8.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he would have participated in the five designated campaign periods (Vietnamese Counteroffensive Phases III, IV, V, and VI, and TET Counteroffensive).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign or a single silver service star in lieu of five individual bronze service stars.  

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal, correctly known as 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

10.  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 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 22 February 1967 to 17 May 1968 by Department of the Army General Order Number 21, dated 1969.  

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant served in Vietnam between January 1968 and January 1969 and as such is entitled to the Vietnam Service Medal with one silver service star denoting participation in five designated campaign periods, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

2.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 13 June 1967 to 10 June 1970 and to have it added 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.  by awarding him the Army Good Conduct Medal for the period 13 June 1967 to 10 June 1970; and 

   b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   _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)                                         AR20090004491





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004491



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1