IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140008201 


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 his foreign service in the Republic of Vietnam be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 May 1968 and that he be awarded the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states his period of service in the Republic of Vietnam was computed incorrectly.

3.  The applicant provides:

* 3 pages from his DA Form 20 (Enlisted Qualification Record)
* 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 19 May 1966, he was inducted into the Army of the United States.

3.  His DA Form 20 provides the following information:

	a.  Item 31 (Foreign Service) shows he was assigned to U.S. Army Pacific - Vietnam from 11 November 1967 to 25 December 1967, a period of 1 month and 
15 days.

	b.  Item 33 (Appointments and Reductions) shows he was promoted to specialist five (SP5)/pay grade E-5 on 20 November 1967.

	c.  Item 38 (Record of Assignments) shows he was assigned to Company D, 459th Signal Battalion in the Republic of Vietnam from 18 November 1966 to 
14 December 1967, a period of 1 year and 27 days.  He participated in two campaigns.

4.  On 17 May 1968, he was honorably released from active duty.  He completed 1 year, 11 months, and 29 days of total active service.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he had 1 month and 15 days of foreign service.  His DD Form 214 shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* National Defense Service Medal

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received all conduct and efficiency ratings of “excellent” throughout his service except for one period of “unknown” while assigned to a training brigade.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  

	a.  Company D, 459th Signal Battalion was awarded the Meritorious Unit Commendation (Army) for the period 1 October 1967 to 31 August 1968.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards) 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.  

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  Total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed was entered in Item 22c.  

9.  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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  He was assigned to Company D, 459th Signal Battalion during a portion of the period the unit was awarded the Meritorious Unit Commendation (Army).  Therefore, his is authorized this award.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service except for one period of “unknown” was not considered disqualifying for the first award of the Army Good Conduct Medal, and he was promoted to SP5 in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 19 May 1966 to 17 May 1968 ending with termination of a period of Federal military service.

3.  The entry in Item 31 of his DA Form 20 appears to be in error.  The entry shows him arriving in Vietnam a year after he was assigned to his unit in Vietnam.  This leaves the entire entry in question.  Item 38 of his DA Form 20 
shows he was assigned in the Republic of Vietnam for 1 year and 27 days.  This appears to be the most accurate account of his foreign service.  Therefore, 
item 22c of his DD Form 214 should be corrected to show he had 1 year and 
27 days of foreign service.  Based on this corrected service he is authorized the Republic of Vietnam Campaign Medal with Device (1960). 

4.  He participated in two campaigns in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars on his already-awarded Vietnam Service Medal.

5.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period of service from 19 May 1966 to 17 May 1968; and

	b.  amending his DD Form 214 by making the following corrections:

		(1)  deleting from item 22c the entry "0 1 15" and replacing it with the entry "01 00 27"; and


		(2)  deleting from his DD Form 214 the Vietnam Service Medal and adding the:

* Meritorious Unit Commendation (Army) 
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)



      ___________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)                                         AR20140008201



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ABCMR Record of Proceedings (cont)                                         AR20140008201



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