BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005912 


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) for the period ending 4 February 1970 to show his Vietnam service and awards.

2.  The applicant makes no statement.

3.  The applicant provides his DD Form 214 for the period ending 4 February 1970 and his DA Form 20 (Enlisted Qualification Record). 

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.  His military records show he was inducted into the Army of the United States on 5 June 1967.  He was discharged 8 June 1967 for the purpose of his enlistment on 9 June 1967.  He was awarded the military occupational specialty of aircraft electrician.  He held pay grade E-5.

3.  His DA Form 20 shows that during his tour of duty in the Republic of Vietnam he performed duties as an aircraft electrical repairman while assigned to the 539th Transportation Company during the period 19 March 1968 to 3 February 1970.

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

5.  His DA Form 20 shows he was awarded the Vietnam Service Medal and Republic of Vietnam Campaign Medal. 

6.  His record is void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  Item 38 of his DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

7.  Army Regulation 672-5-1 (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; for 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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is awarded in place of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* 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 (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
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 539th Transportation Company, the unit to which the applicant was assigned, was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 November 1967 to 31 October 1968, by Department of the Army General Order (DAGO) Number 39, dated 1970 and 1 November 1968 to 31 January 1970, by DAGO Number 51, dated 1971; and 

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.

10.  Army Regulation 635-5 (Separation Documents), chapter 2, in effect at the time, contained guidance on the preparation of the DD Form 214.  It stated item 22c would show the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., USARPAC, etc.).  The regulation in effect at the time did not provide for entering the specific country where the service member served on the DD Form 214.

11.  A more recent version of Army Regulation 635-5 provided for entry of service in Vietnam in item 30 (Remarks), (e.g. to show service in Vietnam only), "Vietnam -- 25 Apr 70 thru 28 May 71, Indochina -- yes, KOREA -- no."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served in Vietnam during the period 19 March 1968 to 3 February 1970.  As such, he is entitled to have item 22c of his DD Form 214 to show the additional entry of "USARPAC."  Although there was no provision for entering a Soldier's Vietnam specific service in the remarks section of the DD Form 214 at the time, there is no harm in applying more recent standards in this case.  As such, the entry "Vietnam -- 19 Mar 68 thru 3 Feb 70, Indochina -- yes" should be added to item 30 of his DD Form 214.

2.  There is no order or other available evidence that shows he was awarded the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from this award.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 5 June 1967 through 4 February 1970 and to correct his DD Form 214 to show this award.

3.  His DA Form 20 shows he was awarded the Republic of Vietnam Campaign Medal that is not listed on his DD Form 214.  Therefore, he is entitled to have this award added to his DD Form 214. 

4.  He participated in seven campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award with these service stars.

5.  His unit was cited twice for award of the Meritorious Unit Commendation and once for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  	awarding him the Army Good Conduct Medal (1st Award) for the period
5 June 1967 through 4 February 1970;

	c.  adding to item 30 of his DD Form 214 the entry, "Vietnam - 19 Mar 68 thru 3 Feb 70, Indochina -- yes"; and 

	d.  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 two bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Meritorious Unit Commendation (2d Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _______ _  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)                                         AR20110005912



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ABCMR Record of Proceedings (cont)                                         AR20110005912



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