IN THE CASE OF:	  

		BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120007859 


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 Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states, in effect, he was not aware of the errors until he requested a replacement set of medals.

3.  The applicant provides copies of his DD Form 214, DD Form 4 (Enlistment Record), Military Test Report, discharge orders, DA Form 20 (Enlisted Qualification Record), and letter from the National Personnel Records Center (NPRC).

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 15 February 1966, completed training, and was awarded military occupational specialty 68G (Airframe Repairman).

3.  On 20 February 1966, the applicant officially notified his personnel office that his last name was correctly spelled "HI___."  No action was taken to correct his records at that time and he continued to serve under the last name "HE___."

4.  The applicant served in Germany and then in Vietnam from 18 January 1968 through 10 January 1969 with the 573rd Transportation Detachment, 145th Combat Aviation Battalion.

5.  He was honorably released from active duty on 13 January 1969 with 2 years, 10 months, and 29 days of creditable service and no lost time.

6.  His DA Form 20 lists his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and National Defense Service Medal.  It records his conduct and efficiency ratings exclusively as "excellent" and contains no derogatory comments or a commander's disqualification statement for award of the Army Good Conduct Medal.

7.  His DD Form 214 shows his rank and pay grade as specialist four/E-4.  His awards are listed as the National Defense Service Medal, "Vietnam Campaign Medal," and Vietnam Service Medal.

8.  On 10 June 2010, the U.S. Army Human Resources Command (HRC) corrected the applicant's records to show his last name as "HI___" as opposed to "HE___."  A DD Form 1343 was issued to reflect this action; however, no DD Form 215 (Correction to DD Form 214) was issued.

9.  On 4 August 2011, an NPRC letter shows he was authorized the following awards:  National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for awards.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 573rd Transportation Detachment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaigns for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, participation credit was awarded for the following five campaigns:

* Counteroffensive Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January 1968-1 April 1968
* Counteroffensive Phase IV, 2 April 1968-30 June 1968
* Counteroffensive Phase V, 1 July 1968-1 November 1968
* Counteroffensive Phase VI, 2 November 1968-22 February 1969

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in priority sequence and abbreviations are not to be used.

14.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  HRC directed correction of the spelling of the applicant's last name.  While official notice of this correction was included in his records, no DD Form 215 was issued to correct his name on his DD Form 214.  It would be appropriate to correct this administrative oversight at this time.

2.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.  It would be appropriate to correct this administrative oversight at this time.

3.  The applicant served in Vietnam during five campaigns and is authorized to wear one silver service star on his Vietnam Service Medal.

4.  The incomplete name of the Republic of Vietnam Campaign Medal with Device (1960) was entered on his DD Form 214.  It is appropriate to correct this incomplete entry.

5.  In addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was not considered eligible for award of the Army Good Conduct Medal.

7.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his promotion to specialist four.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his service from 15 February 1966 through 13 January 1969.

8.  The above recommended corrections should be shown on his DD Form 214.

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 the applicant the Army Good Conduct Medal (1st Award) for his service from 15 February 1966 through 13 January 1969;

	b.  amending his DD Form 214 by:

		(1)  correcting the spelling of his last name to conform to the HRC name change directive;

		(2)  deleting the award entries in their entirety; and

		(3)  adding award of the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      _______ _  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)                                         AR20120007859



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ABCMR Record of Proceedings (cont)                                         AR20120007859



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