IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100010079 


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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Report of Transfer or Discharge) to show his correct first name.  He also requests awards and decorations for his service in Vietnam.

2.  The applicant states:

* his first name is misspelled on his DD Form 214; it is "Byran," not "Bryan"
* his DD Form 214 does not show any medals for his service in Vietnam
* he is filing for disability benefits and Department of Veterans Affairs (DVA)  medical treatment

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 DD Form 398 (Statement of Personal History) and his induction record show his first name as "Byran."  He was inducted into the Army of the United States on 27 January 1964.  He trained as an infantry indirect fire crewman.  On 24 January 1966, the applicant was released from active duty in the temporary rank/grade of specialist four (SP4)/E-4, after completing 1 year, 11 months, and 28 days of creditable active service with no time lost.

3.  Item 1 of the applicant's DD Form 214 shows his first name as "Bryan."  Item 24c (Foreign and/or Sea Service) of his DD Form 214 shows he served 
5 months and 6 days of foreign service in "USARPAC" [U.S. Army Pacific].  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as his only authorized award.  Item 34 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows a legible signature with his first name as "Byran."

4.  The majority of the applicant's service personnel records show his first name as "Byran."

5.  There are two DA Forms 20 (Enlisted Qualification Record) in the available records.  Item 29 (Foreign Service) of one DA Form 20 shows the applicant served in Vietnam from 16 August 1965 through 3 January 1966.  Item 
31 (Foreign Service) of the other DA Form 20 shows he served in Vietnam from 16 August 1965 through what appears to be 22 January 1966.  A DA Form 20 shows he was assigned to Company B, 1st Battalion, 5th Cavalry, 1st Cavalry Division in Vietnam from 16 September 1965 through 9 January 1966. 

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  It further 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in 
Vietnam.  This pamphlet shows that during the applicant's assignment to
1st Battalion, 5th Cavalry, his unit was cited for awarded of the:

* Presidential Unit Citation for the period 23 October 1965 - 26 November 1965, by Department of the Army General Orders (DAGO) 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969, by DAGO 59, dated 1969.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 
27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 
30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence shows the applicant's first name is "Byran."  Therefore, it would be appropriate to correct his first name in item 1 of his
DD Form 214.

2.  Based on the applicant's service in Vietnam and participation in two campaigns, he is eligible for the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit in Vietnam was cited for the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant was separated in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 27 January 1964 through 24 January 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show 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 1 of his DD Form 214 the first name of "Bryan" and replacing it with the first name of "Byran";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
27 January 1964 through 24 January 1966; and

   c.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with two 
   
bronze service stars, Presidential Unit Citation, 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)                                         AR20100010079



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ABCMR Record of Proceedings (cont)                                         AR20100010079



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