IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100027055 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the:

* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with 2 or 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Any other medals awarded to his unit

2.  The applicant states the awards were "left upon leaving the Republic of Vietnam and the Army."

3.  The applicant provides his DD Form 214; specialist five appointment orders, dated 7 November 1966; and a letter from the National Personnel Record Center, dated 20 September 2010.

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 20 October 1964 and held military occupational specialty 17B (Field Artillery Radar Crewman).

3.  He arrived in the Republic of Vietnam on 7 January 1966 and he served with Headquarters and Headquarters Service Battery, 2nd Battalion, 9th Artillery from 9 January 1966 to 8 January 1967.  The highest rank and pay grade he held was specialist five (SPC)/E-5 (temporary).

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during the periods which he was rated.  He received an "unknown" rating during his permanent change of station.  

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the Vietnam Service Medal, Vietnam Campaign Medal, Overseas Service Bars (2), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 19 October 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 3 years of total active service. 

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and two Overseas Service Bars.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for awards.  It states:

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

	b.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

	c.  This regulation also states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows Department of the Army General Orders Number 48, dated 1971, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 9th Artillery during the period 1 January 1966 to 1 August 1967.

10.  Army Regulation 672-5-1 (Decorations and Awards) provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device 1960.  His DD Form 214 shows the Republic of Vietnam Campaign Medal.  However, his DD Form 214 does not show the Device 1960.  

2.  The evidence shows he completed a qualifying period of service for award of the National Defense Service Medal which is not shown on his DD Form 214.

3.  Records show he served in Vietnam with the Headquarters and Headquarters Service Battery, 2nd Battalion, 9th Artillery during two campaign periods.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.  

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit during the period of 1 January 1966 to 8 January 1967.  
5.  The evidence shows he completed 3 years of honorable service during which he received all "excellent" conduct and efficiency ratings and had no court-martial convictions.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled the Army Good Conduct Medal (1st Award) for the period 20 October 1964 to 19 October 1967.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.

7.  In view of the above, his record should be corrected to show the awards listed in paragraphs 1 through 6.

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 awarding him the Army Good Conduct Medal for the period 20 October 1964 to 19 October 1967 and amending item 24 of his DD Form 214 as follows:

   a.  deleting the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.
   
	b.  adding the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960


* Army Good Conduct Medal (1st Award) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar




      _______ _   _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)                                         AR20100027055



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ABCMR Record of Proceedings (cont)                                         AR20100027055



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