IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110014317 


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 award of the:

* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Vietnam Campaign Medal (properly referred to as the Republic of Vietnam Campaign Medal with Device (1960))

2.  He states he earned the aforementioned awards and decorations based upon his service while assigned to Company D, 169th Engineer Battalion based at Long Binh near Saigon in the Republic of Vietnam.

3.  He provides:

* Award citation
* Award certificate
* DA Form 1577 (Authorization for Issuance of Awards)
* 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.  His record shows he enlisted in the Regular Army on 9 September 1968 and held military occupational specialty 62L (Wheeled Tractor Operator).  The highest rank/pay grade he attained while serving on active duty was specialist five/E-5.  On 8 September 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His record contains General Orders Number 359 issued by Headquarters, 20th Engineer Brigade, dated 21 March 1970, which awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam from 12 April 1969 through 8 April 1970.

4.  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 during the period 9 April 1969 through 26 March 1970.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Company D, 169th Engineer Battalion, from 12 April 1969 through 25 March 1970.

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 41 (Awards and Decorations) shows he was awarded or authorized to wear the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and
(M-14) by Special Orders 85 and 293, respectively

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

6.  The applicant provides a citation, a certificate, and a DA Form 1577 which further corroborate his receipt of the Army Commendation Medal.

7.  A review of the applicant's record revealed he is entitled to additional awards and decorations.

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 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During his tours of duty in the Republic of Vietnam he participated in three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the 

Republic of Vietnam.  The unit to which the applicant was assigned while serving in the Republic of Vietnam was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of additional awards and decorations was carefully considered and determined to have merit.

2.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  The evidence shows he served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this campaign medal.

4.  His records show he served a qualifying period of service for award of the Vietnam Service Medal.  The evidence also shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal with three bronze service stars.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit awards.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

7.  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.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good 

Conduct Medal for the period 9 September 1968 to 8 September 1971 and his DD Form 214 should be 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 9 September 1968 to 8 September 1971; and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and (M-14)



      __________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)                                         AR20110014317



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ABCMR Record of Proceedings (cont)                                         AR20110014317



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