IN THE CASE OF:	  

		BOARD DATE:	  28 February 2012

		DOCKET NUMBER:  AR20110016685 


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 his dates of service in Vietnam and all awards and decorations to which he may be entitled.

2.  The applicant states his DD Form 214 does not show his tour of duty in Vietnam from 1967 to 1968.

3.  The applicant provides no documentary 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.  The applicant requested that his dates of service in Vietnam be shown on his DD Form 214.  Item 22c (Foreign and/or Sea Service) of the DD Form 214 he was issued at the time shows he completed 1 year, 8 months, and 29 days of foreign service during the period of service covered by the DD Form 214.  It also indicated to see item 30 (Remarks).  Item 30 shows the entries "ITEM 22C USARPAC [U.S. Army Pacific] RVN [Republic of Vietnam] 30 AUG 67 
[30 August 1967] 28 AUG 68 [28 August 1968]" and "USAREUR [U.S. Army Europe] 10 APR 69 [10 April 1969] - 10 JAN 70 [10 January 1970]."  As such, his DD Form 214 currently shows his period of service in Vietnam and USAREUR (Germany).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 24 January 1967 for a period of 3 years.  He arrived in Vietnam on 30 August 1967.  He served as a general vehicle repairman assigned to the 536th Heavy Equipment Maintenance Company from 13 October 1967 to 26 August 1968.  He departed the RVN en route to his follow on assignment to Fort Hood, TX, followed by his tour of duty in Germany.  On 11 January 1970, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years, 11 months, and 18 days of total active service with no time lost.

4.  The DD Form 214 he was issued at the time shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Item 29 (Qualification in Arms) of his DA Form 20 Enlisted Qualification Record) shows he qualified marksman with the M-16 rifle on 17 September 1967.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the 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.

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.  It states that 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

9.  Army Regulation 600-8-22 states the RVN 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) lists the awards received by units serving in Vietnam.  This pamphlet shows the 536th Heavy Equipment Maintenance Company was cited for award of the Meritorious Unit Commendation during the period 20 July 1966 through 15 July 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969.

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 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.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Vietnam and participation in four campaigns, he is entitled to the Vietnam Service Medal with four bronze service stars and the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He was honorably released from active duty in the rank/grade of SP4/E-4 with nearly 3 years of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 24 January 1967 through 11 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  His unit in Vietnam unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Evidence shows he qualified marksman with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

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 the period
24 January 1967 through 11 January 1970; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)



      _________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)                                         AR20110016685



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016685



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1