BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019604 


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 the Vietnam Service Medal (VSM).

2.  The applicant states he meets the eligibility requirements for the VSM based on his service of more than 1 month in Vietnam.

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.  On 29 May 1968, he was inducted into the Army of the United States.  He was awarded military occupational specialty 91B (Medical Corpsman) and 94B (Cook).  The highest rank/grade he held was private first class/pay grade E-3.

3.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 201, dated 19 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Forms 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) – he was credited with service in Vietnam during the period 22 March-28 April 1969
* item 38 (Record of Assignments) – he was assigned to -

* Headquarters and Headquarters Company, 4th Battalion, 39th Infantry, 9th Infantry Division, performing duties as a cook from 5-11 April 1969
* 9th Administration Company, 9th Infantry Division, performing duties as a cook beginning on 12 April 1969
* 106th General Hospital in Japan as a patient on 28 April 1969

* item 38 – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) – VSM

5.  A DA Form 2496 (Disposition Form) shows he arrived at the 4th Battalion, 39th Infantry, 9th Division, in Vietnam on 24 March 1969 and departed the unit on 10 April 1969.  The form shows he arrived at the 3rd Surgical Hospital in Vietnam on 10 April 1969 and departed from the 29th Evacuation Hospital on 13 April 1969 arriving at the 106th General Hospital in Japan on 15 April 1969.  

6.  On 5 August 1969, he was honorably discharged from active duty due to disability that existed prior to service.  He completed 1 year, 2 months, and 7 days of active service.

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

8.  Army Regulation 600-8-22 (Military Awards) states the VSM 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with one campaign:  Tet 69 Counteroffensive (23 February-8 June 1969).

9.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 39th Infantry, 9th Infantry Division, was awarded the following during his assignment to the unit:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period January to June 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows he was authorized the VSM and he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the VSM with one bronze service star.

2.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 29 May 1968 through 5 August 1969 and to add this award to his DD Form 214.

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation for a period during which he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have this qualification badge added to his DD Form 214.

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 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:

 	a.  awarding him the AGCM (1st Award) for the period 29 May 1968 through 5 August 1969 and

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

* AGCM (1st Award)
* VSM with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _  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)                                         AR20130019604



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ABCMR Record of Proceedings (cont)                                         AR20130019604



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