BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021852 


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
* completion of 18 months of foreign service in Vietnam instead of 7 months

2.  The applicant states his DD Form 214 does not list his entire foreign service in Vietnam or the Vietnam Service Medal.

3.  The applicant provides:

* DD Form 214
* 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.  With respect to his foreign service in Vietnam, the applicant was issued a DD Form 215 (Correction to DD Form 214) on 30 April 1970 that corrected his period of foreign service in Vietnam from 7 months to 1 year, 7 months, and 8 days.  He was provided with a copy of this DD Form 214 by separate correspondence.  Therefore, the issue of his foreign service in Vietnam will not be discussed further in this Record of Proceedings.

3.  His records show he enlisted in the Regular Army on 18 October 1966 and held military occupational specialty 62J (Construction Machine Operator).  He served in Vietnam from 21 May 1967 to 30 December 1968.  He was assigned as follows:

* from 24 May 1967 to 30 December 1967, to the 27th Engineer Battalion with duty with the 168th Engineer Battalion
* from 30 December 1967 to 22 December 1968, to the 557th Engineer Company

4.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 17 October 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

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, Army Commendation Medal with "V" Device, Vietnam Campaign Medal with Device (1960), Army Commendation Medal with 1st Oak Leaf Cluster, three overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Army Regulation 600-8-22 (Military Awards) states 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.

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record is void of any derogatory information which would have disqualified him from receiving his first award of the Army Good Conduct Medal.

9.  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.

10.  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 that during his attachment to the 168th Engineer Battalion, this unit was cited for awards of the:

* Valorous Unit Award from 5 January 1967 to 15 July 1967 by Department of the Army General Orders (DAGO) Number 1, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 3 August 1967 to 9 February 1970 by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974

11.  Additionally, this pamphlet shows that during his assignment to the 557th Engineer Company, this unit was cited for awards of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 3 August 1967 to 9 February 1970, by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

13.  Appendix B of Army Regulation 600-8-22 shows the following campaigns during his period of service in Vietnam:

* Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January 1968-1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April1968-30 June 1968
* Vietnam Counteroffensive Phase V, 1 July1968-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969

14.  Army Regulation 600-8-22 states a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period of service in Vietnam from 21 May 1967 to 30 December 1968 for award of the Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.  Additionally, he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star to be affixed to the Vietnam Service Medal.

2.  General orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The evidence of record confirms he served honorably during the period 18 October 1966 through 17 October 1969.  He attained the rank of SP5/E-5, served in Vietnam, received multiple combat awards, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service 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 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 October 1966 through 17 October 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards)



      ___________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)                                         AR20100021852



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ABCMR Record of Proceedings (cont)                                         AR20100021852



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