IN THE CASE OF:	  

		BOARD DATE:	    19 May 2011

		DOCKET NUMBER:  AR20100028215 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Vietnam service and award of the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and all unit awards to which he is entitled.

2.  He states, in effect, his DD Form 214 fails to show his Vietnam service and the medals he earned for his service.  He also states he never received his  honorable discharge papers.  He needs his DD Form 214 corrected to satisfy his Department of Veterans Affairs claim for Agent Orange.

3.  He provides a copy of his DD Form 214.

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 military records show he was inducted into the Army of the United States on 4 March 1968.  He completed training and was awarded military occupational specialty 05B (Radio Operator).  He was promoted to pay grade E-4 on 24 December 1968.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 31 January to on or about 24 December 1969, a period of 10 months and 25 days.  He served in Vietnam during four campaigns.  He was assigned to the 596th Signal Company.

4.  On 24 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation in pay grade E-4.  He was credited with completing 1 year, 
9 months, and 21 days of active service.

5.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 credits him with 10 months and 5 days and contains no entry for his Vietnam service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Item 41 (Awards and Decorations) of his DA Form 20 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  The regulation stated Item 22c would list the total active duty outside the continental limits of the U.S. for the period covered by the DD Form 214 and the last overseas theater in which service was performed.


10.  Army Regulation 600-8-22  (Military Awards) states the Vietnam Service Medal was 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.

11.  Army Regulation 600-8-22 also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

12.  Army Regulation 600-8-22 further states the Republic of Vietnam Campaign Medal with Device (1960) is 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.

13.  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 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 596th Signal Company, was awarded the Meritorious Unit Commendation for the period 26 September 1968 to 30 June 1970, by Department of the Army General Orders Number 18, dated 1979.

15.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant served in Vietnam from 31 January to on or about 24 December 1969, a period of 10 months and
25 days.  Therefore, he is entitled to correction Item 22c of his DD Form 214 to show Vietnam, 10 months and 25 days.


2.  The evidence of record also shows he was authorized award of the Vietnam Service Medal and completion of a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his records to show these awards on his DD Form 214.

3.  He participated in four campaigns while he served in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

4.  The evidence also shows he was authorized award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards are not shown on his DD Form 214.  Therefore, he is also entitled to correction to his DD Form 214 to show these awards.  

5.  The available evidence appears to show he met the criteria for the first award of the Army Good Conduct Medal.  There is no evidence available to show he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 4 March 1968 through 
24 December 1969 and correction of his DD Form 214 to show this medal.

6.  General orders also show he is authorized to wear the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

7.  In view of the foregoing, his records should be corrected as recommended below.

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 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:

	a.  deleting the entry in item 22c of the applicant's DD Form 214 and adding "Vietnam 0  10  25";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 March 1968 through 24 December 1969; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  providing him a document to show the above changes.



      ___________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)                                         AR20100028215



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ABCMR Record of Proceedings (cont)                                         AR20100028215



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