IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027638 


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 the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The applicant states his record is not updated.

3.  The applicant provides:

* DD Form 1351-2 (Travel Voucher or Sub-voucher)
* Army Commendation Medal Citation

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's records show he enlisted in the Regular Army for 3 years on 9 October 1967 and held military occupational specialty (MOS) 35B (Electronic Instrument Repairer).

3.  Subsequent to completing his MOS training, he was reassigned to Okinawa, U.S. Army Pacific Command (USARPAC), where he served with the 16th Maintenance Company, U.S. Maintenance Battalion, 2nd Logistical Command, from 17 August 1968 to 20 February 1970.

4.  While in Okinawa, the 2nd Logistical Command issued him temporary duty (TDY) orders for travel to Vietnam and Thailand as follows:

	a.  Letter Orders Number T11-1090, dated 23 November 1968, ordered him to a 75-day TDY to Headquarters (HQ), Military Assistance Command-Vietnam (MACV), on or about 1 December 1968 for the purpose of "calibration of test equipment as required by mission statement; for Calibration Loop Vietnam 2."

	b.  Letter Orders Number T1-41, dated 16 January 1969, ordered him to a 
75-day TDY to the 9th Logistical Command, Sattahip, Bangkok, Thailand, on or about 20 February 1969 for the purpose of "calibration of test equipment as required by mission statement; for Calibration Loop Thailand 2."

	c.  Letter Orders Number T8-825, dated 5 August 1969, ordered him to a 
75-day TDY to HQ, MACV, on or about 15 August 1969 for the purpose of "calibration of test equipment as required by mission statement; for Calibration Loop Vietnam 9."

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned as follows:

* 2 December 1968 to 1 February 1969, HQ MACV, Vietnam
* 18 February to 22 April 1969, Bangkok, Thailand
* 18 August 1969 to 1 November 1969, HQ MACV, Vietnam

6.  Subsequent to completing his USARPAC assignment, he was reassigned to Fort Riley, KS.  He was honorably released from active duty on 31 August 1970 in the rank/grade of specialist five (SP5)/E-5.  He was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  He submitted a DD Form 1351-2, dated 15 October 1969, that shows he departed Okinawa in a TDY status and arrived in Vietnam on 18 August 1969.  He departed Vietnam and arrived back in Okinawa on 11 October 1969.

9.  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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that time limit may be waived for personnel participating in actual combat operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his TDY service in Vietnam, participation credit was awarded for the Vietnam Summer-Fall 1969 (9 June-31 October 1969) campaign.

10.  Army Regulation 600-8-22 states 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

11.  A review of his service records indicates his entitlement to additional awards which are not reflected in his records and/or DD Form 214.

12.  General Orders Number 30, issued by Headquarters, 2nd Logistical Command, dated 6 April 1970, awarded him the Army Commendation Medal for service from 12 October 1966 to 20 February 1970.

13.  A review of his records shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 for failure to secure his wallet.  However, aside from this NJP, his record is void of any derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

14.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Vietnam Service Medal, the evidence of record shows the applicant was assigned to Okinawa.  However, twice during this assignment he served in Vietnam in a TDY status.  At a minimum, his travel voucher shows he was in Vietnam from 18 August to 11 October 1969 which should entitle him to award of the Vietnam Service Medal.  Additionally, during this period of service, campaign participation was awarded for one campaign. Therefore, he is entitled to award of the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably during the period 9 October 1967 through 31 August 1970.  He served in Okinawa, Vietnam, and Thailand; attained the rank/grade of SP5/E-5; and received "excellent" conduct and efficiency ratings throughout his military service.  Aside from the NJP for a minor infraction and lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him 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 DD Form 214 to show this award.

4.  With respect to the Republic of Vietnam Campaign Medal with Device (1960), qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam.  His two TDY trips to Vietnam and the one to Thailand clearly show he provided direct support to the war effort for a period of more than six months and should entitle him to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of 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 him the Army Good Conduct Medal (1st Award) for the period 9 October 1967 through 31 August 1970
* adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)



      ___________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)                                         AR20100027638



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ABCMR Record of Proceedings (cont)                                         AR20100027638



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