IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026114 


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 the entry and discharge dates on his DD Form 214 (Report of Transfer or Discharge).  He also requests the Bronze Star Medal and his dates of service in Vietnam be added to his DD Form 214. 

2.  The applicant states:

* The decorations are listed as "N/A" [not applicable]
* All dates were not listed on his DD Form 214
* The DD Form 214 is not complete
* He was discharged on 15 July 1971
* He received the Bronze Star Medal
* His DD Form 214 does not show he served in Vietnam
* He needs his DD Form 214 corrected so he can get his benefits from the Department of Veterans Affairs

3.  The applicant provides:

* award certificates and citations for the Bronze Star Medal and Army Commendation Medal
* Certificate of Appreciation
* Honorable Discharge certificate from the U.S. Army Reserve 




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.  He was inducted into the Army of the United States on 10 October 1968.  Six days later, on 15 October 1968, he was honorably discharged for immediate enlistment in the Regular Army (RA).

3.  His DD Form 214 for the period ending 15 October 1968 shows he was inducted on 10 October 1968 and was discharged on 15 October 1968.  Item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows the entry "N/A."  Item 30 (Remarks) does not show any dates of service in Vietnam.

4.  He enlisted in the RA on 16 October 1968 for a period of 3 years.  He arrived in Vietnam on 27 June 1969.  He served as a cook assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 505th Infantry in Vietnam from 7 July 1969 to 17 October 1969.  He was assigned to HHC, 1st Battalion, 27th Infantry in Vietnam from 18 October 1969 to 26 June 1970.  On 15 July 1971, he was released from active duty in the rank of specialist five after completing a total of 2 years, 9 months, and 6 days of creditable active service with no time lost.

5.  His DD Form 214 for the period ending 15 July 1971 shows he enlisted in the RA on 16 October 1968 and was released from active duty on 15 July 1971.  Item 24 shows the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (ARCOM), and two Overseas Service Bars as authorized awards.  Item 30 shows, among other entries, the entry "USARV [U.S. Army Vietnam] - 27 Jun 69 thru 26 Jun 70."  

6.  Orders, dated 27 May 1970, show he received the Bronze Star Medal for meritorious service during the period June 1969 to June 1970.
7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show he participated in three campaigns during his assignment in Vietnam.

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 applicant's unit, 2nd Battalion, 505th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 1st Battalion, 27th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1966 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  His contentions that his entry and discharge dates are incorrect on his DD Form 214, his decorations are listed as "N/A" on his DD Form 214, and his dates of service in Vietnam are not listed on his DD Form 214 were noted.  However, it appears he is referring to his DD Form 214 for the period ending 15 October 1968 (which covers the period 10 October 1968 through 15 October 1968) because his DD Form 214 for the period ending 15 July 1971 shows:

* he enlisted in the RA on 16 October 1968
* he was released from active duty on 15 July 1971
* he was awarded the NDSM, VSM, Republic of Vietnam Campaign Medal with Device (1960), ARCOM, and two awards of the Overseas Service Bar
* he served in Vietnam for one year from 27 June 1969 through 26 June 1970 

A copy of his DD Form 214 for the period ending 15 July 1971 will be provided to him.

2.  Orders show he received the Bronze Star Medal.  His DD Form 214 should be corrected to show this medal.   

3.  He was released from active duty in the rank of specialist five with 33 months of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 10 October 1968 through 15 July 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.


 
5.  His units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show these unit awards.

6.  His unit (1st Battalion, 27th Infantry) was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 first award of the Good Conduct Medal for the period 
10 October 1968 through 15 July 1971; and 

	b.  adding the Good Conduct Medal, Bronze Star Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214 for the period ending 15 July 1971.









  
2.  The Board further determined that 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 amending his entry or discharge dates on his DD Form 214 or adding his dates of service in Vietnam 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)                                         AR20100026114





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ABCMR Record of Proceedings (cont)                                         AR20100026114



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