IN THE CASE OF: 

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120002953 


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 the correct dates of his service in the Republic of Vietnam (RVN).

2.  The applicant states the time served in RVN shown on his DD Form 214 is not correct.  His tour of duty started in 1968, not 1969.

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.  The applicant enlisted in the Regular Army on 4 March 1968.  He completed training and was awarded military occupational specialty (MOS) 36C (Lineman). 

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

	a.  he served in the RVN from 5 September 1968 to 22 November 1970 (a period of 2 years, 3 months, and 18 days);

	b.  he was assigned to the 40th Signal Battalion from 9 September 1968 through 22 November 1970; and
 
	c.  his awards as the:

* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Meritorious Unit Commendation
* Driver-Mechanic Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  He was released from active duty on 26 November 1970 as a specialist four/E-4.  He completed 2 years, 8 months, and 23 days of net active service.

5.  The applicant's DD Form 214 shows in: 

	a.  Item: 22c (Foreign and/or Sea Service) the entry "USARPAC  1  2  22" (Indicating service in the Pacific theater for 1 year, 2 months, and 22 days); and

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Meritorious Unit “Citation”

     c. Item 30 (Remarks) "REPUBLIC OF VIETNAM: "5 SEP 69-26 NOV 70."

6.  His records contain orders showing  he was awarded the Driver and Mechanic Badge with Driver-W Bar and the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  There is no derogatory information in his records.  He received all "excellent" conduct and efficiency ratings

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following seven campaigns:

* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive                   23 February - 8 June 1969
* Summer - Fall 1969                           9 June - 31 October 1969
* Winter - Spring 1970                         1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive              1 May - 30 June 1970
* Counteroffensive Phase VII               1 July 1970 - 30 June 1971

10.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the correct dates of his service in the RVN.

2.  The evidence of record clearly shows that the applicant served in the RVN from 5 September 1968 to 22 November 1970.  Therefore, it would be equitable to show this service in the remarks section of his DD Form 214.

3.  As related issues, the applicant is entitled to additional corrections to his DD Form 214.

4.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty and advancement to specialist four and conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

5.  The applicant's record shows he was awarded the Driver and Mechanic Badge with Driver-W Bar and the Expert Marksmanship Qualification Badge with Rifle Bar.  

6.  Records show he also participated in seven campaign periods during his service in the RVN.  Therefore, he is entitled to one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

7.  During the applicant's assignment in Vietnam, his unit was cited for award of the Meritorious Unit Commendation (not “Citation”) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

8.  The applicant served in Vietnam for 2 years, 3 months, and 18 days, and his DD Form 214 should be corrected accordingly.

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 
4 March 1968 through 26 November 1970; 

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal and the Meritorious Unit “Citation”;

     c.  deleting from Item 22c of his DD Form 214 the entry “1  2  22”;

	d.  deleting from Item 30 of his DD Form 214 the entry "REPUBLIC OF VIETNAM:  "5 SEP 69-26 NOV 70";
 
	e.  adding in Item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Driver and Mechanic Badge with Driver-W Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

     f.  adding to Item 22c of his DD Form 214 the entry “2  3  18,” and

	g.  adding to Item 30 of his DD Form 214 the entry: "Service in the Republic of Vietnam from 5 September 1968 – 22 November 1970."




      __________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)                                         AR20110004784



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ABCMR Record of Proceedings (cont)                                         AR20120002953



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