IN THE CASE OF:	  

		BOARD DATE:	       10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005180 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal and the Vietnam Campaign Medal [correctly known as the Republic of Vietnam Campaign Medal with Device (1960)].

2.  The applicant states that he was awarded the Good Conduct Medal.  The applicant also states that he feels he met the requirements for award of the Republic of Vietnam Campaign Medal with Device (1960) considering that he served 21 months in the Republic of Vietnam during the specified time period.  The applicant concludes that he did not notice the errors in his record until recently.

3.  The applicant provides a document from the Department of the Army (DA), Reserve Components Personnel and Administration Center (RCPAC), St Louis, Missouri, and the criteria for award of the Republic of Vietnam Campaign Medal downloaded from the Wikipedia Internet website as documentary evidence 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 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 record shows that he enlisted in the Regular Army and entered active duty on 1 October 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  The highest rank he attained while serving on active duty was the rank of specialist five (SP5)/pay grade E-5.  The applicant was released from active duty on 20 September 1965 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualifica-tion Record) shows the applicant served a tour of duty in the Republic of Vietnam during the period 30 April 1963 through 30 November 1964.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in the 232d Signal Company (Support).  Item 38 also shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Armed Forces Expeditionary Medal (Vietnam).  This form does not show award of either the Good Conduct Medal or the Republic of Vietnam Campaign Medal with Device (1960).

6.  The applicant provides a document from the DA RCPAC, dated 1 October 1982.  In this document, an assistant adjutant, in effect, informs the applicant that an audit of his available records had been conducted and as a result, he was being shipped the Good Conduct Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ended 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 were not disqualify-ing.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

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

9.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Meritorious Unit Commendation for the period of February 1962 through June 1965 based on Department of the Army General Orders Number 3, dated 1966.

11.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 8 February 1962 through 28 March 1973 based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his record should be corrected to show award of the Good Conduct Medal and the Republic of Vietnam Campaign Medal with Device (1960) were carefully considered and determined to have merit.

2.  Evidence shows the applicant completed a period of honorable service during which he received all “excellent” conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 1 October 1962 through 20 September 1965 and entitled to correction of his records to show this award.

3.  Evidence shows the applicant completed a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  There-fore, he is entitled to have his records corrected to show this foreign award.

4.  Evidence shows the applicant completed a period of qualifying service for award of the National Defense Service Medal.  Therefore, he is entitled to have his records corrected to show this award.

5.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation for its actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

6.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for its actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

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 the applicant the Good Conduct Medal (first award) for the period 1 October 1962 through 20 September 1965; and

	b.  adding the following awards to item 26 of the applicant's DD Form 214:

		(1)  the Good Conduct Medal (first award);

		(2)  the Republic of Vietnam Campaign Medal with Device (1960);

		(3)  the National Defense Service Medal;
		(4)  the Meritorious Unit Commendation; and

		(5)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _   _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)                                         AR20090005180





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ABCMR Record of Proceedings (cont)                                         AR20090005180



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