IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018867
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 the Army Good Conduct Medal and the Vietnam Service Medal.
2. The applicant states he had orders assigning him to Vietnam in a temporary duty (TDY) status for 3 days in 1967 and the Good Conduct Medal was omitted from his DD Form 214.
3. The applicant provides his DD Form 214, Army Good Conduct Medal (first award) orders, and TDY orders to 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 applicants 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 applicants 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 he enlisted in the Regular Army on 23 February 1965. He was awarded the military occupational specialty of card and tape writer. The highest rank/grade he held during his service was specialist six (SP6)/E-6.
3. General Orders Number 8, dated 5 February 1968, awarded the applicant the Army Good Conduct Medal (first award) for the period 23 February 1965 to
22 February 1968.
4. The applicant was honorably released from active duty on 20 February 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had completed 3 years, 11 months, and 28 days of creditable active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Army Good Conduct Medal or the Vietnam Service Medal as authorized awards.
5. Headquarters, 77th U.S. Army Security Agency, Special Operations Unit, Letter Orders Number 67-98, dated 7 April 1967, show the applicant was placed in a TDY status to various locations in the Republic of Vietnam for a period of
3 days for the purpose of courier duty to Vietnam and return to Clark Air Base, Republic of the Philippines.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and the contiguous waters or airspace there over after 3 July 1965 through 28 March 1973. Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award. To qualify for award of the VSM an individual must meet one of the following qualifications:
a. Be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.
b. Be attached to or regularly serve for 1 or more days aboard a naval vessel directly supporting military operations.
c. Actually participate as a crewmember in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations.
d. Serve on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Army Good Conduct Medal (first award). Therefore, he is entitled to have this award added to his DD Form 214.
2. Orders show the applicant was placed in a TDY status for 3 days in April 1967. However, there is no evidence he served 30 consecutive or 60 non-consecutive days in Vietnam in a TDY status. As such, he is not entitled to award of Vietnam Service Medal or to have it added to his DD Form 214.
3. In view of the foregoing, the applicant's records should be corrected as shown below.
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 adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award).
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 award of the Vietnam Service Medal.
_________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.
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