IN THE CASE OF:	  

		BOARD DATE:  16 August 2012

		DOCKET NUMBER:  AR20120003441 


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 dates of his service in Vietnam
* the appropriate service medals for his service in Vietnam

2.  The applicant states he served in Vietnam from 1970 to 1971 at the 6th Convalescent Center, 44th Medical Brigade but his DD Form 214 does not mention his Vietnam service. 

3.  The applicant provides no additional 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's records show he was inducted into the Army of the United States on 4 August 1969 and he held military occupational specialty 71M (Chaplain's Assistant).  He served in Vietnam from 8 January 1970 to 7 March 1971 while assigned to the 6th Convalescent Center.

3.  He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, on 30 January 1970 for falling asleep at his guard post.

4.  He was honorably released from active duty on 8 March 1971 and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 5 days of creditable active service with no time lost.

5.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows the Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the National Defense Service Medal.  However, the National Defense Service Medal is superimposed over part of the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His DD Form 214 also shows in Item 12 (Last Duty Assignment and Major Command) the entries "6 CONV CTR [6th Convalescent Center]" and "USARV [U.S. Army Vietnam]."  Item 30 (Remarks) contains the entry "VN [Vietnam] SERVICE:  8 Jan 70 - 7 Mar 71."

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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 member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960), also known as the Vietnam Campaign 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.  

12.  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 6th Convalescent Center was cited for award of the Meritorious Unit Commendation for the period 1 August 1969 through 31 October 1970, by DA General Orders (DAGO) Number 43, dated 1972.  

13.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 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.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) in addition to the National Defense Service Medal.  However, the National Defense Service Medal is superimposed on the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) making it appear unclear which awards he was actually awarded.  In the interest of clarity, it would be appropriate to add the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) to his DD Form 214.

2.  The evidence of record shows the applicant served honorably from 4 August 1969 through 8 March 1971.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record reveals he received NJP for a minor infraction.  Except for the NJP, his record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  His record confirms he served in Vietnam during a qualifying period for entitlement to the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this badge.

6.  His unit in Vietnam was cited for awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  With respect to adding his dates of service in Vietnam, his DD Form 214 already shows the dates of his service in Vietnam.  Therefore, there is nothing to correct.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 August 1969 through 8 March 1971
* deleting from his DD Form 214 the currently-listed awards
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20120003441





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ABCMR Record of Proceedings (cont)                                         AR20120003441



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