BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017820 


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 award of the Vietnam Service Medal and Vietnam Campaign Medal.

2.  The applicant states, in effect, he served in Thailand as an advisor to the Royal Thailand Army Volunteer Forces from October 1968 to October 1969.  He was attached to the 365th Transportation Detachment and the 270th Transportation Detachment while serving in direct support of the Vietnam Campaign.  He should have been credited with these service medals but was not.  He is requesting them now because he is seeking employment and is not receiving his 10 point Veterans preference to which he is entitled.

3.  The applicant provides his DD Form 214 and two orders. 

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 record shows he enlisted in the Regular Army on 10 April 1967 and held military occupational specialty 67G (Multiple Engine Aircraft Mechanic).

3.  He served in the 365th Transportation Detachment, Thailand, U.S. Army Pacific (USARPAC) from 1 November 1968 - 22 April 1969 and the 270th Transportation Detachment, Thailand, USARPAC, from 23 April 1969 - 7 November 1969.

4.  He was honorably released from active duty on 11 November 1969 in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 2 years, 7 months, and 2 days of creditable active service with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and the Aircraft Crewman Badge.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Army Regulation 672-5-1 (Military 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.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record shows he served honorably from 10 April 1967 through 11 November 1969.  He received all "excellent" conduct and efficiency ratings throughout his military service and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and correct his records 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.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 April 1967 through 11 November 1969; and



	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), and the Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16).



      _______ _   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)                                         AR20100017820





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ABCMR Record of Proceedings (cont)                                         AR20100017820



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