IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020148
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 the Vietnam Service Medal be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he was unaware that he was entitled to this award.
3. The applicant provides, in support of his request, copies of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).
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 military personnel record jacket became lost at some point in his brief career. A July 1969 affidavit indicates that it was last known to have been with the 49th Artillery Regiment in Vietnam.
3. He was a member of the Kansas Army National Guard, was ordered to active duty on 13 May 1968, and released as an overseas returnee on 23 July 1969 and transferred back to the Kansas Army National Guard as a staff sergeant. His DD Form 214 lists only the National Defense Service Medal.
4. The applicant served in Vietnam with A Battery, 2nd Battalion, 40th Artillery, 199th Infantry Brigade from 28 January to 19 July 1969 when he was evacuated as a patient.
5. Orders in his record show he was awarded the Army Commendation Medal for meritorious service
6. The DA Form 20 shows that during this period of active duty his conduct and efficiency were exclusively "excellent." There is no record of misconduct. It also indicates he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
7. Army Regulation 600-8-22 (Military Awards) provides that 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for each credited campaign. Qualifying campaign periods for service stars include the Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969, Tet 69/Counteroffensive, 23 February - 8 June 1969 and the Vietnam Summer - Fall 1969, 9 June - 31 October 1969.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service and, for 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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
9. Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that 2nd Battalion, 40th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods that included the applicants tour of duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant is authorized the Vietnam Service Medal with three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. He was awarded the Army Commendation Medal that was not entered on his DD Form 214.
3. Considering that the applicant's recorded conduct and efficiency ratings were exclusively "excellent" and that there is no misconduct on record and no evidence of disqualification the failure to award him the Good Conduct Medal may be presumed to be an oversight. He should be awarded the Good Conduct Medal.
4. The above awards should 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 Good Conduct Medal (1st award) for the period 13 May 1968 through 23 July 1969, and
b. adding the Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.
_______ _ 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) AR20100020148
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ABCMR Record of Proceedings (cont) AR20100020148
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