IN THE CASE OF:	

		BOARD DATE:	      10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090005557 


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 any additional awards and decorations to which he may be entitled.

2.  The applicant states, in effect, that it is his understanding that he may be entitled to awards and decorations in addition to those which are shown on the DD Form 214 he was issued at the time of his release from active duty.  The applicant attributes this potential oversight to the fact that he was moved from one geographic location to another during the Vietnam Era.  The applicant continues that he was not aware he could request to have his records corrected until an American Legion service officer informed him about the process.

3.  The applicant provides no documentary evidence in support of this application and expresses that he hopes that his service records contain enough evidence to substantiate his claim.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests to be appropriately informed of all actions taken in this case.

2.  Counsel states that on behalf of the applicant, the American Legion submits his application for the Board's consideration.

3.  Counsel provides no additional documentary evidence in support of the applicant's request.

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 was inducted into the Army of the United States on 1 June 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 68G (Airframe Repairman).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.  The applicant was released from active duty on 31 May 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam during the period 10 December 1966 through 3 December 1967, for a total of 11 months and 27 days.

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 with the 131st Aviation Company, 223rd Aviation Battalion.  Item 38 also shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and one Overseas Service Bar.

6.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army 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 disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

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.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase II
(1 July 1966 – 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  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 Valorous Unit Award for the period of 1 June 1966 through 31 December 1968 based on Department of the Army General Orders (DAGO) Number 5, dated 1973.

9.  Department of the Army Pamphlet 672-3 also 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 1 March 1966 through 26 March 1967 based on DAGO Number 22, dated 1968.  The unit was cited for this award again for the period of 27 March 1967 through 17 May 1968 based on DAGO Number 21, dated 1969, as amended by DAGO Number 43, dated 1970.

10.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of any additional awards and decorations to which he may be entitled was 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 he 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 Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) for the period 1 June 1966 through 31 May 1968 and correction of his records to show this award.

3.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and correction of his records to show the same.

4.  General Orders show the applicant's unit was awarded the Valorous Unit Award for its actions during his tenure of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

5.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation twice for its actions during his tenure of assignment.  Therefore, he is entitled to correction of his records to show receipt of this foreign unit award on two occasions.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period from 1 June 1966 through 31 May 1968; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with two bronze service stars; Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 awards).



      ____________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)                                         AR20090005557



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ABCMR Record of Proceedings (cont)                                         AR20090005557



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