IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100012330
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 the following awards:
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
2. The applicant states he served in Vietnam and these awards are not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. He was inducted into the Army of the United States on 28 September 1965 and he completed training as a stock control and accounting specialist. He arrived in Vietnam on 26 March 1966 and he was assigned to the 268th Transportation Detachment.
3. While in Vietnam the applicant participated in the Vietnam Counteroffensive Campaign which extended from 25 December 1965 through 30 June 1966 and the Vietnam Counteroffensive Phase II Campaign which extended from 1 July 1966 through 31 May 1967.
4. The applicant returned to the continental United States on 24 March 1967.
5. The applicant was honorably released from active duty on 27 September 1967 at the expiration of his term of service. The DD Form 214 he was issued shows the following awards:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. A review of the applicant's records shows 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 Army Good Conduct Medal.
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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
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 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.
9. 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.
10. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant is correct in his contentions that he is authorized the awards he is requesting and his DD Form 214 should be amended to reflect these awards.
2. He is also authorized additional awards which he did not request and these awards should also be included on his DD Form 214.
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 Army Good Conduct Medal (1st Award) for the period 28 September 1965 through 27 September 1967
*
amending his DD Form 214 to add the following awards:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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) AR20100012330
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ABCMR Record of Proceedings (cont) AR20100012330
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