IN THE CASE OF:	  

		BOARD DATE:	    13 April 2011

		DOCKET NUMBER:  AR20100022668 


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 records be corrected to show his service in Vietnam and his authorized awards for that period of service.

2.  The applicant states he served in Vietnam, but none of the medals for this period of service are included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of three sets of transfer orders, his DD Form 214, and a sheet of photographs.

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 served on active duty in the Army of the United States from 19 September 1966 through 21 August 1968 in military occupational specialty 13A (Field Artillery Basic).

3.  The applicant served in Vietnam with:

	a.  Howitzer Battery, 3rd Squadron, 11th Armored Cavalry Regiment, from 25 August 1967 through 24 March 1968 and

	b.  Battery C, 1st Battalion, 14th Artillery Regiment, 19th Infantry Brigade, from 25 March 1968 through 20 August 1968.

4.  His DD Form 214 lists his awards as only the National Defense Service Medal.

5.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  advancement to private first class on 1 April 1967;

	b.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16);

	c.  his conduct and efficiency ratings are records as exclusively "excellent"; and

	d.  his last overseas assignment is shown as U.S. Army Pacific (USARPAC) in item 22c (Foreign and/or Sea Service).

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was not considered eligible for award of the Army Good Conduct Medal.

7.  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 while the applicant was assigned to the 3rd Squadron, 11th Armored Cavalry Regiment, it was cited for award of the Valorous Unit Award (Department of the Army General Order (DAGO) Number 12, dated 1969) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (DAGO Number 60, dated 1969).  The 1st Battalion, 14th Artillery Regiment, is not shown to have received any unit awards during the period the applicant was assigned to it.

8.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing the DD Form 214 and stated:

	a.  Awards and decorations for the period of service covered by DD Form 214 were to be listed in priority sequence.  Each entry would be verified by the Soldier's records.  Abbreviations will not to be used.

	b.  The total active duty service outside of the continental United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed were to be shown in item 22c.  The example provided in the regulation shows "USARV" [U.S. Army Vietnam].

9.  Army Regulation 672-5-1 (Decorations and 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 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.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was normally noted on the DA Form 20.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following four campaign periods:  Counteroffensive Phase III, 1 June 1967-29 January 1968; Tet Counteroffensive, 30 January 1968-1 April 1968; Counteroffensive Phase IV, 2 April 1968-30 June 1968; and Counteroffensive Phase V, 1 July 1968-1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Vietnam, but none of the medals for this period of service are included on his DD Form 214.



2.  The applicant's awards of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) were not included on his DD Form 214.  It is appropriate to correct this error.

3.  The applicant participated during four campaign periods in Vietnam and is authorized to wear four bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DA Form 20, the applicant is authorized awards of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his service in Vietnam and his conduct and efficiency ratings.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 19 September 1966 through 21 August 1968.

6.  Based on the above facts and findings, the applicant's records should be corrected to show his awards as the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).

7.  The entry in item 22c of his DD Form 214 incorrectly identifies his last overseas command as the generic USARPAC, not the specific USARV appropriate for service in Vietnam.  It is appropriate to correct this error.

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:

	a. awarding the applicant the Army Good Conduct Medal (1st Award) for the period 19 September 1966 through 21 August 1968;

	b.  adding the Army Good Conduct Medal (1st Award),  Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16); and

	c.  correcting item 22c of his DD Form 214 to show his last overseas command as USARV.



      __________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)                                         AR20100022668



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ABCMR Record of Proceedings (cont)                                         AR20100022668



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