BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090012970 


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, through his Congressional representative,  reconsideration of the Army Board for Correction of Military Records' (ABCMR) denial of his request to correct his DD Form 214 (Report of Separation from Active Duty), with an effective date of 28 June 1967, to show his Vietnam service.

2.  The applicant states, through his Congressional representative, he is trying to have his DD Form 214 corrected to show he served in the Republic of Vietnam.  He further states he needs Department of Veterans Affairs (VA) health benefits.

3.  The applicant provides, in support of his application, copies of ABCMR Docket Number AR20080019333, dated 12 May 2009; his DD Form 214; and two pages from his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20080019333 on 12 May 2009.

2.  The applicant, through his Congressional representative, requests reconsideration of his request based on entries in his military personnel records that he served in Vietnam/Philippines sometime between 6 August 1966 and 
2 February 1967.  This constitutes new argument which requires that his case be reconsidered by the ABCMR.
3.  The applicant's military personnel records show he was inducted into the Army of the United States on 15 July 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 94B (Cook).

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he was assigned to the U.S. Army Pacific (USARPAC), Okinawa from 1 December 1965 to 28 June 1967.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was on temporary duty (TDY) to USAV (United States Army Vessel)-Y (Vietnam, Philippines) during the period from 6 August 1966 to 2 February 1967.

6.  A Standard Form 600 (Chronological Record of Medical Care) from the applicant's service medical records shows he was treated at the Naval Station Dispensary, Subic Bay, Philippines for a boil on 7 November 1966.

7.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated in the Vietnam Counteroffensive Campaign.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

9.  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 or be attached to or regularly serve for 1 or more days aboard a Naval vessel directly supporting military operations.

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The applicant's period of TDY falls within the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) campaign.

11.  Army Regulation 672-5-1 (Military 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 each 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 are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The fact that the applicant was given campaign credit for Vietnam shows that he is eligible for the Vietnam Service Medal with one bronze service star.

2.  The health record entry for treatment shows he was in the Philippines on 
7 November 1966.  This indicates the applicant did not spend the entire period he was TDY to USAV in Vietnam.  Part of that time was spent in the Philippines as indicated in Item 38.  There is insufficient evidence to show the exact dates the applicant was in Vietnam.  However, the applicant's entire period of TDY was during the Vietnam Counteroffensive, Phase II campaign.  Therefore, he is authorized one bronze service star to be worn on his Vietnam Service Medal.  Adding this award to his DD Form 214 will effectively show his service in the Republic of Vietnam.

3.  The applicant's records do not show indiscipline or lost time and he received "excellent" conduct and efficiency ratings throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 15 July 1965 to 28 June 1967 ending with termination of a period of Federal military service.

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 amendment of the ABCMR’s decision in Docket Number AR20080019333, dated 12 May 2009.  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 for the period of service from 15 July 1965 to 28 June 1967; and 

	b.  adding to Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s 
DD Form 214 the Army Good Conduct Medal (1st award) and the Vietnam Service Medal with one bronze service star.



      __________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)                                         AR20090012970



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ABCMR Record of Proceedings (cont)                                         AR20090012970



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