BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130018200 


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 and any additional awards and decorations to which he is entitled.

2.  The applicant states he should be authorized this award for his service in the Republic of Vietnam.

3.  He 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 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 was enlisted in the Regular Army on 3 July 1969.  He was trained in and awarded military occupational specialty (MOS) 31E (Field Radio Repairman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.  

3.  His record contains Special Orders Number 231, dated 19 August 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) effective 13 August 1969.

4.  His record contains Special Orders Number 98, dated 28 April 1970, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) effective 28 April 1970.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 27 (Military Education), he did not complete any non-MOS producing education courses.

	b.  item 31 (Foreign Service), he served in the Republic of Vietnam from 31 May 1970 through 26 April 1971, a period of 10 months and 27 days.  

	c.  item 33 (Appointments and Reductions), he was promoted to SP4/E-4 with a date of rank (DOR) of 15 June 1970.

	d.  item 38 (Record of Assignments), he performed duties as a field radio repairman in Vietnam while assigned to 128th Signal Battalion during the period 5 June 1970 to 26 April 1971. 

	e.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	f.  item 40 (Wounds), no entry (blank).

	g.  item 44 (Time Lost under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration Term of Service (ETS)), no entry (blank).

6.  On 28 April 1971, he was honorably released from active duty after completing 1 year, 9 months and 27 days of total active service.  The DD Form 214 issued to the applicant at the time of his separation shows he was separated on temporary records and an affidavit from him.  As a result, several items on his DD Form 214 either contain the entry "NVAL" or were left blank, indicating that the source document for the information was not available to be validated at the time.  His DD Form 214 shows in:

	a.  item 6 (DOR), no entry (blank).
	b.  item 22c (Foreign and or Sea Service), the entry "USARPAC NVAL," indicating that he served in the U.S. Army Pacific for an unspecified period of time.

	c.  item 23a (Specialty Number and Title), the entry "31E2O NVAL."

	d.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the entry "NDSM [National Defense Service Medal] NVAL."

	e.  item 25 (Education and Training Completed), the entry "NVAL."

	f.  item 26 (Non-pay Periods Time Lost (Preceding Two Years)), the entry "NVAL."

	g.  item 30 (Remarks), the entry "VN Service:  NVAL," indicating that he served in Vietnam for an unspecified period of time.

7.  There is no evidence of any disciplinary actions 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.

8.  References:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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.  Appendix B shows that the following two campaigns took place during his period of service in the Republic of Vietnam:

* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

	b.  Army Regulation 600-8-22 states 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.  

	c.  Department of the Army General Orders (DAGO) Number 43, dated 1972, announced award of the Meritorious Unit Commendation to the applicant's unit of assignment in Vietnam during the period 1 January to 31 December 1970.

	d.  DAGO 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.

	e.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have merit.

2.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these marksmanship badges

3.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 3 July 1969 through 28 April 1971 and to correct his DD Form 214 to show this award.

4.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled award of the Vietnam Service Medal with 2 bronze service stars and correction of his DD Form 214 to show this service medal.

5.  Records show the applicant completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, this medal should be added to his DD Form 214.

6.  Since the applicant was processed for separation on temporary records, several items on his DD Form 214 either contain the entry "NVAL" or were left blank because the information was not readily available at the time.  Therefore, it would be appropriate to correct the following entries based upon the information contained in his permanent records at this time by deleting the current entries of "NVAL" and replacing them with the entries depicted below:

* item 6, "15 Jun 70"
* item 22c, "USARPAC 00 10 27"
* item 23a, "31E2O Field Radio Repairman"
* item 25, "None"
* item 26, "None"
* item 30, "VN Service:  from 31 May 1970 - 26 April 1971"

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 the period 3 July 1969 through 28 April 1971; and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* the Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



	d.  deleting the current entries of "NVAL" from his DD Form 214 and replacing them with the entries depicted below:

* item 6, "15 Jun 70"
* item 22c, "USARPAC 00 10 27"
* item 23a, "31E2O Field Radio Repairman"
* item 25, "None"
* item 26, "None"
* item 30, "VN Service:  from 31 May 1970 - 26 April 1971"



      _______ _  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)                                         AR20130018200





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ABCMR Record of Proceedings (cont)                                         AR20130018200



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