IN THE CASE OF:	  

		BOARD DATE:  9 February 2012

		DOCKET NUMBER:  AR20110016023 


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 reflect his service in Vietnam. 

2.  He states he served in the Mekong Delta, Vietnam, and was in an area that was treated with Agent Orange.  He is disabled, possibly as a result of Agent Orange exposure, and he is unable to get medical treatment from the Department of Veterans Affairs because his service in Vietnam was not properly recorded on his DD Form 214. 

3.  He provides:

* Reassignment orders
* His travel itinerary
* Installation clearance records

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.  He was inducted into the Army on 8 May 1968.  After the completion of training, he was awarded military occupational specialty 11D (Armored Intelligence Specialist).  

3.  The applicant provided a copy of Headquarters, U.S. Army Training Center, Fort Knox, KY, Special Orders Number 62, dated 3 March 1969.  This order shows he was being reassigned to the U.S. Army Vietnam Transient Detachment with a reporting date of 24 April 1969.

4.  He provided a copy of his travel itinerary sheet which shows his flight landed in Bien Hoa, Vietnam on 30 May 1969.

5.  His DA Form 20 (Enlisted Qualification Record) shows he was further assigned to 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.

6.  He provided a copy of Headquarters, 9th Infantry Division, Special Orders Number 204, dated 23 July 1969.  This order shows he was scheduled to be released from his assignment with the 2nd Battalion, 47th Infantry Regiment, 
9th Infantry Division on 15 August 1969.  

7.  He also provided a DA Form 137 (Installation Clearance Record) which shows he out-processed his unit in Vietnam on 6 August 1969, and had a follow on assignment to Schofield Barracks, HI.

8.  On 2 May 1970, he was honorably released from active duty after completing 1 year, 11, months, and 25 days of total active service.  His DD Form 214 shows the following:

	a.  Item 22c (Foreign and/or Sea Service) – 0 Years 11 Months 2 Days;

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he received the National Defense Service Medal; and

	c.  Item 30 (Remarks) does not reflect his service in Vietnam. 

9.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all “excellent” ratings in conduct and efficiency throughout his career.  

10.  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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment with the 2nd Battalion, 47th Infantry Regiment, the unit received the following:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January to June 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 16 December 1966 to 28 June 1969

12.  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.  

13.  The same regulation states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  Two designated campaigns coincide with the applicant's period of service in the RVN:

* TET 69 Counteroffensive (23 February – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June – 31 October 1969)

14.  Change Number 11 to Army Regulation 635-5 (Separation Documents), effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in "Remarks" section of the DD Form 214. 



DISCUSSION AND CONCLUSIONS:

1.  He provided and his service record contains evidence which shows he served in Vietnam.  Based on the evidence of record, item 30 of his DD Form 214 should be corrected to reflect his service in Vietnam from 30 May to 6 August 1969.

2.  The applicant's records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows he is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 8 May 1968 to 2 May 1970 ending with termination of a period of Federal military service.

3.  Based on his service with the 2nd Battalion, 47th Infantry Regiment, he is authorized the following awards to be added to his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  Based on his assignment in Vietnam from 30 May to 6 August 1969 he is authorized the Vietnam Service Medal.  His record shows he participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.  

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 of service from 8 May 1968 to 2 May 1970; 

	b.  amending item 24 of his DD Form 214 to include the:
   
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with two bronze service stars; and

c.  adding to item 30 of his DD Form 214 the entry – Vietnam 30 May – 
6 August 1969.  




      __________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)                                         AR20110016023





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ABCMR Record of Proceedings (cont)                                         AR20110016023



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