BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018650 


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 the correct length of his Republic of Vietnam (RVN) tours.  He also requests that he be provided his military medical records.

2.  The applicant states he served two tours of duty in the RVN and he should be given credit for this service.

3.  The applicant provides a 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 requests that he be provided his military medical records; however, the ABCMR does not release military medical or personnel records to individuals.  He may request a copy of his service personnel and/or medical records by submitting an application on line or by submitting a Standard Form 180 (Request Pertaining to Military Records) to the National Personnel Records Center, (Military Personnel Records), 9700 Page Avenue, St. Louis, MO 63132-5100.  This portion of his request will not be discussed further in these proceedings.

3.  The applicant enlisted in the Regular Army on 26 August 1969.  He completed his initial entry training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 February to 20 December 1970 and from 
7 June 1971 to 19 March 1972.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments.

5.  His Official Military Personnel File (OMPF) is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.

6.  On 20 March 1972, the applicant was honorably released from active duty in the rank of specialist four/E-4 after completing 2 years, 6 months, and 25 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal with Device 1960.

7.  Item 30 (Remarks) of his DD Form 214 shows he served in the RVN from 
3 February to 3 September 1970 and from 7 June 1971 to 18 March 1972.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army:

	a.  It establishes standardized policy for the preparation of the DD Form 214.

	b.  It states the DD Form 214 is a summary of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.

	c.  at the time it provided that item 30 would be used to complete entries too long for their respective blocks.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation shows the campaigns for the RVN.  During his tours in the RVN, he participated in five campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

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.

11.  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's contention that his DD Form 214 should be corrected to show the correct length of his tours in the Republic of Vietnam RVN has been carefully reviewed.

2.  His DA Form 20 shows he served in the RVN from 3 February to 
20 December 1970 and from 7 June 1971 to 19 March 1972; however, item 30 of his DD Form 214 shows different periods of service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the correct length of his tours in the RVN.

3.  The applicant's service in the Republic of Vietnam qualified him for additional awards which should now be added to his DD Form 214 as further recognition of his service in the combat theater.

4.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 26 August 1969 through 
20 March 1972 and to add this award to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while in the RVN; therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect this fact.

6.  All units that served in the RVN were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added to 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:

	a.  awarding him the first award of Army Good Conduct Medal for his period of honorable active duty service from 26 August 1969 through 20 March 1972;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars and deleting from item 30 the dates currently shown for his service in the RVN;
	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, the Vietnam Service Medal with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  adding to item 30 of his DD Form 214 the entry "Service in the Republic of Vietnam from 3 February 1970 to 20 December 1970 and from 7 June 1971 to 
19 March 1972."




      _______ _  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)                                         AR20100018650



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ABCMR Record of Proceedings (cont)                                         AR20100018650



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