IN THE CASE OF:	

		BOARD DATE:	 06 April 2010 

		DOCKET NUMBER:  AR20090013902 


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 bronze service stars on his Vietnam Service Medal.

2.  The applicant states his DD Form 214 shows his Vietnam Service Medal but does not include any bronze service stars.

3.  The applicant provides copies of his DD Form 214 and a history of his unit in the Republic of Vietnam.

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.  On 24 August 1966, the applicant was inducted into the Army of the United States.  The applicant served in the Republic of Vietnam from 21 May 1967 through 22 May 1968.  He was assigned to the 551st Transportation Company.

3.  On 25 May 1968, the applicant was honorably released from active duty.  He had attained the rank/grade of specialist four (SP4)/E-4 and had completed
1 year, 9 months, and 2 days of total active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings throughout his service.  The applicant’s records do not contain any evidence of disciplinary action.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

6.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods:  Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967), Vietnam Counteroffensive, Phase III (1 June 1967 -
29 January 1968), Tet Counteroffensive (30 January 1968 - 1 April 1968); and Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 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.

7.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.


9.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show bronze service stars on his Vietnam Service Medal.

2.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving the Army Good Conduct Medal (first award) for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  However, the device has been omitted from his DD Form 214.  Therefore, his DD Form 214 should be corrected to add the Device (1960) to this 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.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal and the Vietnam Campaign Medal,

   b.  awarding him the Army Good Conduct Medal (first award) for the period 
24 August 1966 to 25 May 1968, and

   c.  adding to Item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20090013902



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013902



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1