IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019685 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he is authorized the Republic of Vietnam Campaign Medal and that he qualified on the Machinegun (M-60).

2.  The applicant states there were administrative errors made during the preparation of his DD Form 214.  He states he earned the above awards and they should be reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 dated 10 July 1969.

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 U.S. Army Reserve (USAR) on 27 October 1965. On 17 April 1967, he was ordered to active duty and he completed training as a supply clerk.  On 14 August 1967, he was released from active duty and returned to the USAR upon completion of active duty training.

3.  On 13 May 1968, the applicant was ordered to active duty for 24 months.  He arrived in Vietnam on 15 October 1968 and he was assigned to the 513th Maintenance Battalion.  He was assigned to the 578th Maintenance Company on 12 June 1969.

4.  The applicant participated in the following four campaigns:

* Vietnamese Counteroffensive Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69/Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969

5.  He departed the Vietnam en-route to the United States on 7 July 1969.

6.  On 10 July 1969, the applicant was honorably released from active duty and returned to the control of the USAR in the rank of specialist five (E-5).  His 
DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  There are no orders in the applicant's Army Military Human Resource Record (AMHRR) showing he qualified on the Machinegun (M-60) while he was in the Army.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he had "excellent" conduct and efficiency ratings.  There is no evidence in his records of any court-martial convictions, absences without leave (AWOL), or unfavorable personnel actions or statements that would justify his disqualification for award of the Army Good Conduct Medal. 

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

10.  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; for the 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 May 1968 to 30 April 1969 by Department of the Army General Order Number 39, dated 1970.

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's AMHRR showing he qualified on the Machinegun (M-60).  His DD Form 214 properly does not show this award.

2.  His conduct and efficiency ratings were “excellent” while he was in the Army.  According to the applicable regulation he should be awarded the Army Good Conduct Medal (1st Award).

3.  The available records do show that he is authorized the following awards that should be added on his DD Form 214:

* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x ___  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 partial 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 for exemplary service from 13 May 1968 through 10 July 1969, while serving in the rank of specialist five (E-5) and amending his DD Form 214 dated 10 July 1969 to add the following awards:

* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he qualified on the Machinegun (M-60).




      _______ _   _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)                                         AR20120019685



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ABCMR Record of Proceedings (cont)                                         AR20120019685



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