IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023416 


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 record to show he was awarded the "Tet Offensive Campaign Medal."

2.  The applicant states it was not issued to him and he feels it should be in his records.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 30 June 1967.  He was trained in and awarded military occupational specialty 95B (Military Policeman).  He was honorably released from active duty on 4 February 1970 after completing 2 years, 7 months, and 5 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 19 January 1968 to 2 February 1970
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters and Headquarters Company, 173d Airborne Brigade (Separate), from 22 January 1968 to 29 January 1970
* item 38 he received all "excellent" conduct and efficiency ratings
* item 39 (Campaigns) he was credited with service in five campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969

4.  The record is void of documentation showing he was the subject of disciplinary action during his service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Parachutist Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars
* four overseas service bars

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The regulation provides criteria for all authorized awards.  The "Tet Offensive Campaign Medal" is not an authorized award.

	b.  The regulation states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincides with eight campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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, 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.  There must have been no convictions by a court-martial.  

9.  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 the unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 5 May 1965-26 September 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969-16 March 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant did not receive credit for all of the campaigns in which he served while assigned for duty in Vietnam.

2.  The "Tet Offensive Campaign Medal" does not exist in the Army's inventory of awards and decorations.  Therefore, he is not entitled to correction of his record to show the "Tet Offensive Campaign Medal."
3.  He was awarded the VSM.  His records show he participated in eight campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star and three bronze service stars for wear on the previously-awarded VSM.

4.  He served honorably during the period 30 June 1967 through 4 February 1970 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his record to show this award.

5.  He served in a unit during periods for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his record to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 AGCM (1st Award) for the period 30 June 1967 through 4 February 1970,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

	c.  adding to item 24 of his DD Form 214 the:

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

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to "Tet Offensive Campaign Medal."



      ____________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)                                         AR20100023416



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ABCMR Record of Proceedings (cont)                                         AR20100023416



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