IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013747 


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 18 October 1969 as follows:

* item 10b (Selective Service Local Board Number, City, County, State, and Zip Code) to show "Salisbury" vice "Selisburg"
* item 23a (Specialty Number and Title) to show "91S2O – Preventive Medicine Specialist" vice "81S2O – Preventive Medicine Specialist"
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Republic of Vietnam Campaign Medal

2.  The applicant states these entries are incorrect on his DD Form 214.

3.  The applicant provides 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 records show he was inducted into the Army of the United States on 21 October 1966.  He was discharged for the purpose of immediate enlistment on 24 October 1966.  He completed 4 days of creditable active service.  The DD Form 214 he was issued for this period of service shows the entry "Salisbury" as the city for the local Selective Service board.

3.  He enlisted in the Regular Army on 25 October 1966 and he held military occupational specialty (MOS) 91S.  He served in Vietnam from 24 April 1967 to 23 April 1968 while assigned to the 20th Preventive Medicine Unit.  He served in Korea from 23 February to 17 October 1969 while assigned to the 5th Preventive Medicine Unit.

4.  He was honorably released from active duty on 18 October 1969 in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve.  He completed a total of 2 years, 11 months, and 28 days of creditable active service with no time lost.

5.  The DD Form 214 for the period ending 18 October 1969 shows the following entries:

* item 10b – "Selisburg"
* item 23a – "81S2O – Preventive Medicine Specialist"
* item 24 – "National Defense Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal (Korea)"

6.  A review of his record shows entitlement to additional awards.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) 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.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June1969)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 20th Preventive Medicine Unit, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 1 January through 31 December 1967 by Department of the Army General Orders (DAGO) Number 67, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1965 through 1 August 1968 by DAGO Number 48, dated 1971

12.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  It appears that typographical errors were made during the preparation of his DD Form 214 for the period ending 18 October 1969 wherein the city of the local Selective Service board was misspelled and his MOS was entered as 81S2O.  Therefore, he is entitled to correction of his DD Form 214 to show the proper entries.

2.  The evidence of record shows he served honorably from 21 October 1966 through 18 October 1969.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His record is void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  The evidence of record shows the applicant served during a qualifying period for the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 for the period ending 18 October 1969 to show this award.

5.  DAGO awarded his unit in Vietnam the Meritorious Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  He served in Korea during a qualifying period for the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 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 exemplary behavior, efficiency, and fidelity during the period 21 October 1966 through 18 October 1969
* deleting the entry "Selisburg" from item 10b of his DD Form 214 for the period ending 18 October 1969 and replacing it with "Salisbury"
* deleting the entry "81S2O" from item 23a of his DD Form 214 for the period ending 18 October 1969 and replacing it with "91S2O"
* deleting the Vietnam Service Medal from item 24 of his DD Form 214 for the period ending 18 October 1969
* adding the following awards to item 24 of his DD Form 214 for the period ending 18 October 1969 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Citation
* 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)                                         AR20110013747



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ABCMR Record of Proceedings (cont)                                         AR20110013747



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