IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100017527


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 that his awards for service in Vietnam be properly reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served in Vietnam from December 1968 to December 1969.

3.  The applicant provides:

* his DD Form 214
* his Bronze Star Medal Certificate
* his Army Commendation Medal Certificate

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 12 February 1968.  He was separated on temporary records on 19 December 1969.  The DD Form 214 he was issued shows award of:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Bronze Star Medal
* Army Commendation Medal

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* he was a specialist four (SP4)/E-4
* he held primary military occupational specialty (MOS) 43E (Parachute Rigger) and secondary MOS 11B (Light Weapons Infantryman)
* his only foreign service was in Vietnam from 20 December 1968 to 19 December 1969
* he served with Company B, 426th Supply and Service Battalion, 101st Airborne Division
* he had uniformly "excellent" conduct and efficiency ratings
* he was awarded:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal [General Orders (GO) 9393, Headquarters (HQ), 101st Airborne Division, dated 23 July 1969]
* Bronze Star Medal [GO 11459, HQ, 101st Airborne Division, dated 30 August 1969]

4.  On 23 December 1974, the applicant was issued a DD Form 215 (Correction to DD Form 214) which corrected block 22c (Foreign and/or Sea Service) to show 1 year served in Vietnam.

5.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During Vietnam, 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's service in Vietnam, there were four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

6.  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 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 8 February 1962 to 28 March 1973 by Department of the Army GO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his Vietnam awards be included on his DD Form 214.

2.  The applicant is entitled to the Army Good Conduct Medal for exemplary service from 12 February 1968 to 19 December 1969.

3.  The applicant's records also show entitlement to the following awards which are not shown on his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Block 24 of the applicant's DD Form 214 does not show all of his awards, and does not properly list the awards shown.

5.  The applicant's DD Form 214 should be corrected as indicated below.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 for service from 12 February 1968 to 19 December 1969
* deleting all entries in block 24 of his DD Form 214
* adding to block 24 of his DD Form 214 the following:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge


* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20100017527



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ABCMR Record of Proceedings (cont)                                         AR20100017527



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