BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100012816 


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) for the period ending 
23 November 1970 to show award the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In addition, he further requests correction of item 30 (Remarks) of his DD Form 214 to show he served in the Republic of Vietnam (RVN) from 10 February 1970 through 17 April 1971.

2.  The applicant states the above award was omitted and his service in the RVN is incorrect on his DD Form 214.

3.  The applicant provides a DD Form 214 for the period ending 23 November 1970 and a DD Form 214 (Report of Separation from Active Duty) for the period ending 18 November 1974.

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 enlisted in the Regular Army on 23 October 1968 for a period of 3 years.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  On 10 February 1970, the applicant arrived in the RVN and he was assigned to the 504th Signal Company.  On 23 November 1970, he was honorably discharged for the purpose of immediate reenlistment.  On 24 November 1970, he reenlisted for a period of 4 years.

4.  Item 30 of the applicant's DD Form 214 for the period ending 23 November 1970 shows the entry "10 Feb 70 - 23 Nov 70 RVN." 

5.  On 22 May 1971, the applicant departed the RVN.  He was honorably discharged on 18 November 1974, in the rank/grade of sergeant (SGT)/E-5, after completing 6 years and 26 days of total active service with no time lost.

6.  The applicant's DD Form 214 for the ending period 18 November 1974 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award, for the period 24 October 1968 through 23 October 1971)
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* German Army Marksmanship Badge in Bronze
* two Overseas Service Bars

7.  Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 for the period ending 18 November 1974 shows the period 10 February 1970 through 22 May 1971.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 10 February 1970 through 22 May 1971.

8.  There is no evidence the applicant received the second award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

9.  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.

10.  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.  

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 

12.  Army Regulation 635-5 (Separation Documents) in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It states for items 19 (of the DD Form 214 titled Report of Separation from Active Duty) and 30 (of the DD Form 214 titled Armed Forces of the United States Report of Transfer or Discharge) indicate Indochina and Korea service on or after 
5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes."

DISCUSSION AND CONCLUSIONS:

1.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 18 November 1974 to show this unit award.

2.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 18 November 1974 to show these bronze service stars.

3.  The applicant was honorably discharged in the rank/grade of SGT/E-5 with
6 years and 26 days of total active service with no time lost.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (2nd Award) for the period 24 October 1971 through 23 October 1974 based on completion of a period of qualifying service.  Therefore, he is entitled to award of the 2nd award of the Army Good Conduct Medal and correction of his DD Form 214 for the period ending 18 November 1974 to show this award.

4.  The applicant contends item 30 of his DD Form 214 for the period ending 
23 November 1970 incorrectly shows his service in the RVN.  Evidence of record shows he was honorably discharged for immediate reenlistment on 23 November 1970.  Therefore, item 30 correctly covers the period he served in the RVN from 10 February 1970 through 23 November 1970 prior to his discharge.  However, item 19 of his DD Form 214 for the period ending 18 November 1974 covers the entire period he served in the RVN, which shows he served in Indochina (RVN) for the period 10 February 1970 through 22 May 1971.  Therefore, his DD Forms 214 concerning the dates of his Vietnam service appear to be correct as shown.  Therefore, there is no basis for any correction concerning this portion of the applicant's request.

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:

	a.  deleting from item 26 of his DD Form 214 for the period ending
18 November 1974 the Army Good Conduct Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (2nd Award) for the period 24 October 1971 through 23 October 1974; and

	c.  adding to item 26 of his DD Form 214 for the period ending 18 November 1974 the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
 
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 amending item 30 of his
DD Form 214 for the period ending 23 November 1970 to show he served in Vietnam from 10 February 1970 - 22 May 1971.



      __________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)                                         AR20100012816



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ABCMR Record of Proceedings (cont)                                         AR20100012816



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