DOCKET NUMBER:  AR20130009380 


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 awards to which he is authorized for his foreign service in the Republic of Vietnam (RVN).

2.  The applicant states he never received the medals and awards for his service in the RVN.

3.  The applicant provides his DD Form 214 for the period ending 15 April 1970.

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's military records show:

	a.  He was inducted into the Army of the United States on 10 September 1968.

	b.  He was awarded military occupational specialty 05B (Radio Operator).

	c.  Special Orders Number 210, issued by the 2nd Basic Combat Training Brigade, Fort Jackson, SC, dated 26 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar.

	d.  He served in the RVN from on or about 14 April 1969 to 20 March 1970.

	e.  He was assigned to the following units during his tour of duty in the RVN:

* Headquarters and Headquarters Company, 815th Engineer Battalion (Construction) as a radio operator from 15 April to 24 April 1969
* 102nd Engineer Company (Combat Support), as a quarry machine operator from 25 April 1969 to 27 February 1970
* 106th General Hospital, as a patient from 28 February to 16 March 1970

	f.  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.

	g.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal and Vietnam Service Medal.

	h.  He was honorably released from active duty on 15 April 1970 in the rank/pay grade of private first class (PFC)/E-3.

3.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal.

4.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award).

5.  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 award orders pertaining to the applicant.

6.  His name is not listed on the Vietnam Casualty roster.

7.  Army Regulation 672-5-1 (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) provides for the following awards:

	a. The RVN 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.  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.

	c.  A bronze service star is authorized with Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring Campaigns.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN his units were awarded the:

	a.  Meritorious Unit Commendation for the period 1 May 1968 to 30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970; and

	b.  RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show all awards to which he is authorized for his foreign service in the RVN.

2.  The applicant served honorably during the period 10 September 1968 through 15 April 1970.  He completed a combat tour in the RVN, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of PFC/E-3.  His record is void of any derogatory information on file that would have disqualified him from 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 correction of his records to show this award.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his records; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant completed a qualifying period of service in Vietnam for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the medal.

5.  He served a qualifying period for award of the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to show this award. 

6.  His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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 him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 September 1968 through 15 April 1970;

	b.  adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	c.  issuing him the medal sets for the awards as noted above (if available in current inventory).



      ___________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)                                         AR20130009380



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ABCMR Record of Proceedings (cont)                                         AR20130009380



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