IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090016612 


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 26 August 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states that these awards were not entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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's military records show that he was inducted into the Army of the United States on 5 May 1969.  He was credited with 1 year, 3 months, and  22 days of active service at the time of his honorable release from active duty on 26 August 1970. 

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal.

4.  Item 30 of the applicant's DD Form 214 shows his Vietnam service as 
3 months and 5 days.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he arrived in Vietnam on 7 April 1970 and returned to the Continental United States (CONUS) on 17 August 1970.  This form also shows that he received all "excellent" conduct and efficiency ratings throughout his military service. Additionally, there are no records of disciplinary infractions contained in the applicant's file.  

6.  Orders 0-7-11, undated, contained in the applicant's military record shows that he returned to CONUS from Vietnam for 30 days on emergency leave.  The effective date of emergency leave was listed as 6 July 1970.

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.

8.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  Individuals who served less than 
6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

9.  Review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form.  The applicant's DD Form 214 does not list award of the Army Good Conduct Medal or the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
10.  Army Regulation 672-5 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards), Appendix B shows the applicant participated in two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 7 April 1970 to 17 August 1970.  Therefore, he served a period of qualifying service for award of the Vietnam Service Medal.  

2.  The applicant was assigned in the Republic of Vietnam for a period of less than 6 months.  Therefore, he is not authorized the Republic of Vietnam Campaign Medal with Device (1960).

3.  The applicant's records do not show any disciplinary infractions and he received conduct and efficiency ratings of "excellent" 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 5 May 1969 to 26 August 1970. 

4.  Evidence of record also shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His record shows that he participated in two campaigns during his service in Vietnam.  Therefore, the applicant is entitled to correction of his records to show the award the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period of service from 5 May 1969 to 26 August 1970; and

   b.  adding the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his Vietnam Service Medal to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the Republic of Vietnam Campaign Medal with Device (1960).




      _______ _  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)                                         AR20090016612





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ABCMR Record of Proceedings (cont)                                         AR20090016612



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