IN THE CASE OF:	 

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090012997 


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 award of the Army Good Conduct Medal and that the dates of his service in Vietnam be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also believes he is authorized additional campaign stars on his Vietnam Service Medal (VSM).

2.  The applicant states that he meets the standards for the Army Good Conduct Medal and that the dates of his Vietnam service should be listed in block 30 (Remarks) of his DD Form 214.  He also states that his Vietnam awards are proper with the exception of additional campaign stars on his VSM.

3.  The applicant provides a copy of his DD Form 214 in support of his 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 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.  The applicant enlisted in the Regular Army (RA) on 14 April 1969 and he completed training in military occupational specialty (MOS) 63K (heavy equipment repairman).

3.  His Vietnam service, from 23 November 1969 to 15 April 1970, includes assignment to the 758th Supply and Service Company from 4 through
27 December 1969 and to the 266th Supply and Service Battalion from 
28 December 1969 through 28 March 1970.  On 29 March 1970, he was assigned to the Medical Holding Company, 249th General Hospital in a patient status until his evacuation to the United States on 15 April 1970.

4.  He was honorably released from active duty on 24 December 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank/grade he attained during his tenure of service was specialist four (SP4)/E-4.

5.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 31 (Foreign Service) he served in Vietnam from 23 November 1969 through 15 April 1970;

   b.  in item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service;
   
   c.  in item 39 (Campaigns) the designation "Vietnam Counter Offensive  Phase VI [2 November 1968 – 22 February 1969], Tet '69/Counter Offensive    [23 February 1969 – 8 June 1969], Vietnam Summer-Fall 1969 [9 June 1969 – 
31 October 1969], and Vietnam Winter-Spring 1970 [1 November 1969 – 30 April 1970"; and
   
	d.  in item 41 (Awards and Decorations) the entry NDSM [National Defense Service Medal], VSM, and Ex (for his weapons qualification).

6.  His DD Form 214 shows he had 2 years, 8 months, and 11 days of creditable active service and no lost time:  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, and the Expert [Marksmanship Qualification Badge with Rifle Bar].

7.  Army Regulation 672-5-1, in effect at the time, provides that the 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.  

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) and the Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  An interim change to this regulation, dated 15 December 1971, provided, in pertinent part, to show service in Vietnam only, enter in item 30 (Remarks) "Vietnam – 25 Apr 70 through 28 May 71, Indochina – yes, Korea – no."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that he meets the standards for award of the Army Good Conduct Medal, that the dates of his Vietnam service should be listed in block 30 of his DD Form 214, and that he is authorized campaign stars on his Vietnam Service Medal.

2.  The applicant qualified for award of the Army Good Conduct Medal based on his "excellent" conduct and efficiency rating throughout his tenure of service with no record of any disciplinary actions.  Therefore, he should be awarded the Army Good Conduct Medal and his records should be corrected to show this award.

3.  Although his DD Form 20 shows the applicant participated in four designated campaigns during his service in Vietnam, he actually only served during two designated campaigns.  Therefore, his records should be corrected to show the Vietnam Service Medal with two bronze service stars.

4.  The applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The applicant's served in Vietnam from 23 November 1969 through 14 April 1970.  Therefore, item 30 should be corrected to show the entry "Vietnam – 
23 Nov 69 through 14 April 70, Indochina – yes, Korea – no.”

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 for the period 14 April 1969 through 24 December 1971;

   
   c.  adding to item 24 of his DD form 214 the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d. adding to item 30 of his DD Form 214 the entry "Vietnam - 23 Nov 69 through 14 Apr 70, Indochina - yes, Korea - no."



      __________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)                                         AR20090012997



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ABCMR Record of Proceedings (cont)                                         AR20090012997



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