IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010547 


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 all awards and decorations he earned as a result of his service in Vietnam.

2.  The applicant states he had a top secret clearance in Vietnam and he was assigned to a position requiring him to fly mail on different types of aircraft all over the place.  Upon leaving Vietnam, he was told he would receive medals for his service.  It has now been many years since his departure but the medals issue is not resolved.  He would like closure. 

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 records show he enlisted in the Regular Army on 9 December 1969 and held military occupational specialty 72B (Communications Center Specialist).  His records also show he served in the Republic of Vietnam from on or about 4 July 1970 to on or about 3 July 1971.  He was assigned to Company A, 52nd Signal Battalion.

3.  He was honorably released from active duty on 9 February 1972 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).  

5.  Headquarters, 1st Signal Brigade, General Orders Number 1515, dated 30 June 1971, awarded him the Bronze Star Medal for meritorious service. 

6.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded his unit of assignment in Vietnam, Company A, 52nd Signal Battalion, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows he participated in two campaigns during his tour of duty in the Republic of Vietnam: the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  A review of the applicant's service record shows no derogatory information in the form of nonjudicial punishment (NJP), lost time, court-martial, or suspension of favorable personnel actions that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "Excellent" conduct and efficiency ratings throughout his military service.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all Vietnam-related awards and decorations.

2.  General orders awarded him the Bronze Star Medal for meritorious service which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 9 December 1969 through 9 February 1972.  He completed a combat tour in the Republic of Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and his record does not contain any derogatory information that would have disqualified him from receiving his first award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show it.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 December 1969 through 9 February 1972
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Good Conduct Medal (1st Award), Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 2 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)                                         AR20100010547



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ABCMR Record of Proceedings (cont)                                         AR20100010547



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