IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120009069
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 his campaign participation in Vietnam.
2. The applicant states, in effect, his campaign participation while serving with the 156th Heavy Equipment Maintenance (HEM) Company, 80th Support Group, 1st Logistics Command, in Vietnam is not correctly shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and an extract from 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 applicants 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 applicants 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 enlisted in the Regular Army on 16 January 1967 and he held military occupational specialty 63H (Engine and Power Train Repairman). He served in Vietnam with the 156th HEM Company from
11 February 1968 through 22 January 1969.
3. He was honorably released from active duty on 15 January 1970 and transferred to the U.S. Army Reserve. He completed 3 years of net active service.
4. His DD Form 214 also shows the:
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record is void of any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.
6. On 25 October 2010, he was issued a DD Form 215 (Correction to DD Form 214) which added the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his list of authorized awards.
7. 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.
8. 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 for each Vietnam campaign. A review of his records shows that during his service in Vietnam he participated in the following four campaigns:
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam counteroffensive Phase VI
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his campaign participation in Vietnam.
2. The evidence of record confirms that during his period of service in Vietnam he participated in four campaigns. Therefore, he is entitled to wear four bronze service stars on his Vietnam Service Medal and correction of his DD Form 214 to show these awards.
3. The evidence of record shows he served honorably from 16 January 1967 through 15 January 1970. He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service. His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the 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.
4. In view of the foregoing, his request should be approved.
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 the Vietnam Service Medal from his DD Form 214
* awarding him the Army Good Conduct Medal (1st Award) for the period 16 January 1967 through 15 January 1970
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
_______ _ __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) AR20120009069
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ABCMR Record of Proceedings (cont) AR20120009069
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