IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110015333 


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 all the awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states he thought the only medal he was supposed to receive was the National Defense Service Medal.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Letter Orders Number 10-1271640
* DD Form 47 (Record of Induction)
* Standard Form (SF) 89 (Report of Medical History)
* SF 88 (Report of Medical Examination)
* SF 601 (Immunization Record)
* SF 603 (Dental Health 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.  The applicant was inducted into the Army of the United States on
22 November 1967.  He completed training and was awarded military occupational specialty 13A (Artilleryman).  He was stationed in the Republic of Vietnam from 6 May 1968 through 24 June 1969, where he was further assigned  to Battery A, 2nd Battalion, 35th Artillery Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 25 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.

4.  His record contains Special Orders Number 19, issued by Headquarters,
U.S. Army Training Center, Infantry, Fort Dix, dated 19 January 1968, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record contains Special Orders Number 80, issued by Headquarters,
U.S. Army Training Center, Field Artillery, Fort Sill, dated 2 April 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

6.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal or any derogatory information.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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) 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.  The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Department of the Army Pamphlet 672-3 also shows that during his assignment to 2nd Battalion, 35th Artillery Regiment, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 23 June 1966 through 15 January 1971 by DAGO Number 51, dated 1971.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 22 November 1967 through 25 June 1969.  He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his
DD Form 214 to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his
DD Form 214 to show these badges.

3.  He served a qualifying period for award of the Vietnam Service Medal.  Additionally, he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with one silver service star and correction of his DD Form 214 to show this award.

4.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, his DD Form 214 should be corrected to show this award.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 November 1967 through
25 June 1969, and

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

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with one silver service star
* 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



      __________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)                                         AR20110015333



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ABCMR Record of Proceedings (cont)                                         AR20110015333



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