IN THE CASE OF:	  

		BOARD DATE:	 19 June 2012 

		DOCKET NUMBER:  AR20110024206 


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 to which he may be entitled.

2.  The applicant states:

* he served in Vietnam and it is not indicated on his DD Form 214
* when he left Vietnam he was issued three ribbons and only one is shown on his DD Form 124
* he ran convoys as a tank driver
* he has been denied medical benefits as a wartime veteran with "in country" service

3.  The applicant provides:

* Republic of Vietnam Certificate of Service
* 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 was inducted into the Army of the United States on 5 May 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he arrived in Vietnam on or about 18 July 1967
* he served as an armor crewman assigned to Company B, 1st Battalion, 69th Armor, 25th Infantry Division, in Vietnam from 28 July 1967 to 20 April 1968

4.  On 22 April 1968, he was honorably released from active duty in the temporary rank/grade of specialist five (SP5)/E-5.  He completed 1 year, 11 months, and 18 days of total active service with no time lost.

5.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* one overseas service bar

6.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his foreign service as 1 year, 5 months, and 17 days and his last overseas theater as U.S. Army Pacific.

7.  Item 18 (Remarks) of his DD Form 214 does not show any service in Vietnam.

8.  Records show he participated in three campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action 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.

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 the 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.

11.  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 regulation states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

12.  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.

13.  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 1st Battalion, 69th Armor, was cited for award of the:

* Meritorious Unit Commendation for actions during the period 7 April 1968 to 20 October 1968 by Department of the Army General Orders (DAGO) 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 to 1 August 1967 by DAGO 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by DAGO 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970

14.  Department of the Army Pamphlet 672-3 also shows Company B, 1st Battalion, 69th Armor, was cited for award of the Presidential Unit Citation for actions during the period 29 October 1967 to 30 November 1967 by DAGO 38, dated 1971.

15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The entries on his DA Form 20 which show he served in Vietnam from 18 July 1967 to 20 April 1968 are accepted as sufficient evidence on which to add the entry "Vietnam Service:  18 July 1967 to 20 April 1968" to item 30 of his DD Form 214.

2.  Based on his service in Vietnam and participation in three campaigns, he is authorized the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

3.  He was honorably released from active duty in the rank/grade of SP5/E-5 with nearly 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action 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 5 May 1966 through 22 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  His unit in Vietnam was also cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.
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 5 May 1966 through 22 April 1968;

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  adding the entry "Vietnam Service:  18 July 1967 to 20 April 1968" to item 30 of his DD Form 214.



      _____________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)                                         AR20110024206



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ABCMR Record of Proceedings (cont)                                         AR20110024206



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