BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012756 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), rendered for the period 3 May 1965 through 27 January 1969, to show his service in the Republic of Vietnam.  He also requests correction of his DD Form 214 to show award of the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and any unit awards to which he is entitled.

2.  The applicant states, in effect, that his DD Form 214 does not accurately reflect the awards and decorations that he earned.  He states that he served in the Republic of Vietnam during the period 25 January 1968 through 24 January 1969.  He continues that he was separated from active duty on 27 January 1969 and returned to active duty service for the period 4 May 1971 through 3 October 1972.

3.  The applicant provides copies of a DA Form 20 (Enlisted Qualification Record) and two DD Forms 214 as documentary evidence 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 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 initially enlisted in the Regular Army and entered active duty on 3 May 1965.  He completed basic combat training and advanced individual training (AIT).  Upon successful completion of AIT, he was awarded military occupational specialty 13B (Field Artillery Crewman).  The highest rank he attained while serving on active duty was sergeant/pay 
grade E-5.  However, he held the rank of corporal/pay grade E-4 at the time of his separation.  The applicant was released from active duty with an honorable characterization of service on 27 January 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 does not list any awards.

3.  Headquarters, 4th Training Regiment, U.S. Army Training Center, Infantry and Fort Dix, New Jersey, Special Orders Number 117, dated 1 July 1965, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14] effective 1 July 1965.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows that he served a tour of duty in the Republic of Vietnam during the period 25 January 1968 through 24 January 1969.  Item 38 (Record of Assignments) of this form shows that during his tour of duty in the Republic of Vietnam, the applicant served in Company B, 2d Battalion, 39th Infantry Regiment, 9th Infantry Division from 4 February 1968 to 14 February 1968.  He served in Company E of the same battalion from 15 February to 30 March 1968.  He served in Battery B, 1st Battalion, 84th Artillery Regiment, 9th Infantry Division, from 31 March 1968 to 20 August 1968.  He served in Battery D of the same battalion from 21 August 1968 to 26 January 1969.

5.  Item 38 of the applicant's DA Form 20 shows the applicant received conduct and efficiency ratings of "excellent" for each of his rated duty assignments during the period 3 May 1965 through 20 August 1968, a period of 3 years, 3 months, and 18 days.  Item 38 also shows the applicant received conduct and efficiency ratings of "unsatisfactory" for the period 21 August 1968 through 26 January 1969.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two Vietnam Unit Citations.  This form does not show award of the Army Good Conduct Medal.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 is blank.

8.  Army Regulation 672-5-1 (Awards), 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 was 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.

9.  Army Regulation 672-5-1 also provided that the National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, inclusive.

10.  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.

11.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Service Medal.  This medal was 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.  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 five campaigns:  Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

12.  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 that during his tenure, the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Presidential Unit Citation for the period 7 March 1968 through 22 June 1968 based on Department of the Army General Orders Number 60, dated 1969.

13.  Department of the Army Pamphlet 672-3 shows the units the applicant was assigned to while serving in the Republic of Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions for actions during his tenure.  The first occasion was for service during the period 1 December 1966 through 30 June 1968 based on Department of the Army General Orders Number 31, dated 1969.  The second occasion was for the period January through June 1969 based on Department of the Army General Orders Number 59, dated 1969.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  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.

14.  Department of the Army Pamphlet 672-3 shows that during his tenure, the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during the period 19 December 1966 through 28 June 1969 based on Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 rendered for the period 3 May 1965 through 27 January 1969 should be corrected to show his service in the Republic of Vietnam, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and any unit awards to which he is entitled were carefully considered.

2.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

3.  The evidence shows the applicant completed 3 years, 3 months, and 18 days of honorable service during which he received all "excellent" conduct and efficiency ratings and he had no court-martial convictions.  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 3 May 1965 through 20 August 1968 and to correction of his records to show this award.

4.  The evidence shows the applicant completed a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this service medal.

5.  The evidence shows the applicant completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show this campaign medal.

6.  The evidence shows the applicant completed a qualifying period of service for award of the Vietnam Service Medal and that he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with one silver service star.  Accordingly, he is entitled to correction of his records to show this service medal.

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

8.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment on two occasions.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

9.  General orders show the applicant's unit was awarded Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for 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 full 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 Army Good Conduct Medal (first award) for the period 3 May 1965 through 20 August 1968 and

	b.  adding the following awards and decorations to item 24 of the applicant's DD Form 214 rendered for the period 3 May 1965 through 27 January 1969:  the Army Good Conduct Medal (1st Award), the National Defense Service Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).



      ___________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)                                         AR20090012756



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ABCMR Record of Proceedings (cont)                                         AR20090012756



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