IN THE CASE OF:  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090020855 


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 following awards:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960

2.  The applicant states:

* He is entitled to the Army Good Conduct Medal per Army Regulation 
600-8-22 (Military Awards) as his service reflects no derogatory information and his performance evaluation reflects "excellent" conduct and efficiency ratings
* He is authorized two bronze service stars because he participated in two campaigns while he was in Vietnam
* He is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation because the unit to which he was assigned was issued these awards
* His DD Form 214 does not reflect the Device 1960 on his Republic of Vietnam Campaign Medal


3.  The applicant provides:

* An undated continuation statement
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* A letter from the National Personnel Records Center dated 2 November 2009
* DA Form 20 (Enlisted Qualification Record)
* Pages from Army Regulation 600-8-22
* A website description and picture of the Republic of Vietnam Campaign Medal
* Pages from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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 was inducted into the Army of the United States on 19 June 1968.  He completed training as a light weapons infantryman.  He was transferred to Vietnam on 28 March 1968 and he was assigned to Company A, 3rd Battalion, 60th Infantry, 9th Infantry Division.

3.  While in Vietnam the applicant participated in the following two campaigns: the Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive Campaign, which extended from 23 February 1969 through 8 June 1969.

4.  The applicant returned to the Continental United States on 21 March 1969.

5.  The applicant was honorably retired on 16 September 1970, due to a temporary disability.  The DD Form 214 he was issued shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Campaign Medal

6.  A review of the applicant records show that his conduct and efficiency ratings were "excellent" while he was in the Army.  There is no evidence in his records of any court-martial convictions, personnel actions or statements that would justify his disqualification for award of the Good Conduct Medal.

7.  On 22 January 1970, the applicant was issued a DD Form 215 adding the Purple Heart to his DD Form 214.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  In this case, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as 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.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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 lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 through June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

The applicant is correct in his contentions that he is authorized the awards that he is requesting and his DD Form 214 should be amended to reflect these awards.

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:

* Awarding him the Good Conduct Medal for the period 19 June 1968 through 16 September 1970
* Deleting the Republic of Vietnam Campaign Medal and the "Vietnam Service Medal w/60 Device" from his DD Form 214
* Adding the following awards to his DD Form 214:
* Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal with two bronze service stars



      _____________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)                                         AR20090020855



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ABCMR Record of Proceedings (cont)                                         AR20090020855



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