IN THE CASE OF:	  

		BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110013526 


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 with three bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states the awards are not annotated on his DD Form 214.

3.  The applicant does not provide any additional evidence.

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 record shows he enlisted in the Regular Army on 29 July 1970 and held military occupational specialty 31N (Tactical Circuit Controller).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  On 22 July 1974, he was honorably released from active duty.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam from 7 October 1971 through 16 April 1972.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Company A, 501st Signal Battalion.

	c.  Item 41 (Awards, Decorations, and Campaigns) shows award of the Vietnam Service Medal, two Overseas Service Bars, and Expert Marksmanship Qualification Badge with Rifle Bar.

4.  His DD Form 214 shows award of the National Defense Service Medal and "Vietnam Service."

5.  His record shows he received conduct and efficiency ratings of "excellent" for the duty assignments listed.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

6.  A review of the Awards and Decorations Computer - Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him additional awards.

7.  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 qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the 1st 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.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in three campaigns:  the Consolidation I, Consolidation II, and Vietnam Cease Fire.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  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.

10.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 
Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 29 July 1970 through 28 July 1973 and to correction of his records to show this award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  The evidence shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his records corrected 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 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.  awarding him the Army Good Conduct Medal (First Award) for the period 29 July 1970 through 28 July 1973; and

	b.  deleting from his DD Form 214 the entry, "Vietnam Service"; and

	c.  adding the following to his DD Form 214:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Expert 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)                                         AR20110013526





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ABCMR Record of Proceedings (cont)                                         AR20110013526



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