IN THE CASE OF:	  

		BOARD DATE:  21 June 2012

		DOCKET NUMBER:  AR20120000345 


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 Republic of Vietnam (RVN) Campaign Medal.  He also requests correction of his dates of service in the RVN.

2.  The applicant states he served in the RVN from 21 October 1970 through 
20 October 1971.  He also states that his Vietnam Campaign Medal was omitted from his DD Form 214.

3.  The applicant provides a copy of his 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.  On 25 May 1970, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 26 September 1970, the applicant departed Fort Lewis, Washington, for duty in the RVN.

	a.  He was assigned to 5th Battalion, 46th Infantry Regiment from 
7 November 1970 to 12 May 1971.

	b.  He was assigned to Troop A, 1st Squadron, 1st Cavalry Regiment from
13 May to on or about 20 October 1971, when he departed the RVN.

4.  On 1 December 1971, the applicant was assigned to Fort Hood, Texas.

5.  On 17 January 1972, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5, and completed 1 year, 7 months, and 23 days of creditable active service.

6.  The applicant's DD Form 214:

	a.  lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Purple Heart with One Oak Leaf Cluster
* Air Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  shows in Item 30 (Remarks) "Vietnam 21 Oct 70 thru 20 Oct 70."

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence that the commander took any action to deny him the award of Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal with 1960 Device.  This medal 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 5th Battalion, 46th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated in 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the RVN Campaign Medal and his dates of service in the RVN should also be corrected.

2.  The evidence of record clearly shows the applicant served a qualifying period of service in the RVN from 21 October 1970 to 20 October 1971.  Therefore, his DD Form 214 should be corrected to show this period of RVN service and his foreign service award.

3.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, receiving two personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit 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 25 May 1970 to 17 January 1972;

	b.  deleting the entry "Vietnam 21 Oct 70 through 20 Oct 70" from item 30 of his DD Form 214 and adding "Vietnam Service from 21 October 1970 through 20 October 1971"; and

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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device



      __________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)                                         AR20120000345



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ABCMR Record of Proceedings (cont)                                         AR20120000345



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