BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120004247 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his service in Vietnam and his authorized decorations and awards for that service.

2.  The applicant states that he served in Vietnam and his DD Form 214 does not reflect that service or any awards or decoration for that service.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record).

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 21 February 1966 for a period of 3 years and assignment to Alaska.  He completed his basic training at Fort Polk, Louisiana and his advanced individual training at Fort Ord, California before being transferred to Fort Richardson, Alaska on 30 July 1966.

3.  He departed Alaska on a compassionate reassignment on 23 March 1967 and was transferred to Dallas, Texas for a 1-year assignment.

4.  On 7 May 1968, he was transferred to Vietnam for assignment to the 90th Replacement Detachment for duty as a personnel specialist.

5.  He served in three campaigns and departed Vietnam on 6 December 1968.  He was transferred to Oakland Army Base, California where he was honorably released from active duty on 7 December 1968 as an overseas returnee.  He had served 2 years, 9 months, and 17 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal.

6.  A review of his records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

9.  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.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the Meritorious Unit Commendation (MUC).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in three campaigns in Vietnam for award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, he should be awarded these medals and they should be added to his DD Form 214.

2.  The applicant’s unit was also awarded the RVNGC with Palm Unit Citation and the MUC during the period he served in Vietnam.  Accordingly, these awards should be added to his DD Form 214.

3.  Additionally, a review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st Award) for the period 21 February 1966 to 7 December 1968 and to correct his DD Form 214 to show this medal.

BOARD VOTE:

___x____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AGCM (1st Award) for the period 21 February 1966 to   7 December 1968
* Adding the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), AGCM, MUC, and RVNGC with Palm Unit Citation to his DD Form 214 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20120004247



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ABCMR Record of Proceedings (cont)                                         AR20120004247



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