IN THE CASE OF:	  

		BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120009056 


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:

* all of his awards and campaign ribbons
* his service in Vietnam

2.  The applicant states his DD Form 214 is incomplete and he needs a completed DD Form 214 for Department of the Veterans Affairs purposes.

3.  The applicant provides 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 19 September 1969 for a period of 3 years.  He held military occupational specialty 93B (Air Traffic Controller).  He served in Vietnam from:

* 6 May 1970 - 11 January 1971, while assigned to the 125th Aviation Company
* 12 January - 20 September 1971, while assigned to the 323rd Aviation Detachment

3.  He attained the rank/grade of specialist five (SP5)/E-5 on 4 June 1971.

4.  On 20 September 1971, he was medically evacuated from Vietnam and he was assigned as a patient to Madigan Army Hospital, Fort Lewis, WA.

5.  On 24 September 1971, he was assigned to Headquarters and Headquarters Company, U.S. Army Training Center Infantry, Fort Lewis, WA.

6.  On 25 March 1972, he was honorably released from active duty in the rank/grade of SP5/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 6 months, and 7 days of net active service this period with no time lost.

7.  The DD Form 214 he was issued shows he was released from active duty on temporary records.  It further shows in:

* item 22c (Foreign and/or Sea Service) the entry "None"
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* item 30 (Remarks) the entries "VN [Vietnam] SERVICE:  NVAL [Not Available]; INDOCHINA:  NVAL; KOREA:  NVAL"

8.  His record contains a DD Form 215 (Correction to DD Form 214), dated 18 February 1976, wherein it corrected, in part, his DD Form 214 to show in:

* item 22c the entry "USARPAC [U.S. Army Pacific] 1  4  19" (service in Vietnam)
* item 24 the addition of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960)

9.  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.

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  His record is void of any nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice; convictions by a court-martial; or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

12.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  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 record shows that during his service in Vietnam he participated in the following three campaigns.

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows the 125th Aviation Company was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972.

	b.  Paragraph 6d states 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.
15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated, to show service in Vietnam, enter in item 30 the inclusive dates of service in Vietnam (i.e. "Vietnam-25 April 1970 through 28 May 1971, Indochina-Yes, Korea-No").

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his
DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he served honorably from 19 September 1969 through 25 March 1972.  He served in Vietnam, received all "excellent" conduct and efficiency ratings throughout his service, and attained the rank/grade of SP5/E-5.  His record is void of a commander's disqualification or any other 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 first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service 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 to show these bronze service stars.

4.  General orders awarded one of is his units in Vietnam the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  He served in Vietnam from 9 May 1970 to 20 September 1971.  Therefore, his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.


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:

* deleting from item 24 of his DD Form 214 the Vietnam Service Medal (as corrected by a DD Form 215, dated 18 February 1976)
* awarding him the Army Good Conduct Medal (1st Award) for the period 19 September 1969 through 25 March 1972
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

* deleting from item 30 of his DD Form 214 the entry "VN SERVICE:  NVAL; INDOCHINA:  NVAL; KOREA:  NVAL" and replacing it with the entry "VIETNAM SERVICE:  6 May 1970 through 20 September 1971, INDOCHINA:  YES; KOREA:  NO"



      _______ _  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)                                         AR20120009056



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ABCMR Record of Proceedings (cont)                                         AR20120009056



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