IN THE CASE OF:  	  

		BOARD DATE:  5 February 2015	  

		DOCKET NUMBER:  AR20140011374 


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 dates of his service in Vietnam as January 1971 to February 1972 vice March 1971 to February 1972
* award of the Army Good Conduct Medal

2.  The applicant states he believes the dates of his service in Vietnam shown on his DD Form 214 are incorrect as he believes he deployed to Vietnam in January 1971.  In addition, he was never recommended for the Army Good Conduct Medal.  He believes his enlistment in the delayed entry program was never considered for this award.  He enlisted in the Army in late 1968 or early 1969 and his Reserve obligation ended on 16 June 1975.

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.  The applicant enlisted in the Regular Army on 11 August 1969.  On 24 April 1970, he was assigned to the 572nd Engineer Company, Germany.  On 2 July 1970, he was promoted to the rank/grade of specialist four (SP4)/E-4.

3.  His record contains Special Orders Number 302, dated 19 December 1970, issued by the 198th Personnel Service Company, Germany, assigning him to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, for further assignment to Vietnam.  These orders show his reporting date to Fort Lewis was 7 March 1971 and he was authorized 30 days leave enroute.

4.  He subsequently departed Germany and arrived in Vietnam on 19 March 1971.  He served in Vietnam as follows from:

* 26 March to 6 December 1971, assigned to Headquarters and Headquarters Company (HHC), 63rd Signal Battalion
* 7 December 1971 to 10 February 1972, assigned to the 596th Signal Company, 63rd Signal Battalion

5.  He was honorably released from active duty on 11 February 1972 in the rank of SP4 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 6 months, and 1 day of creditable active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 30 (Remarks) of his DD Form 214 shows he served in Vietnam from 19 March 1971 to 11 February 1972.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings except for the period from 20 September through 6 December 1971 (2 months and 17 days) when he received "unknown" ratings. 

9.  His record is void of orders for the Army Good Conduct Medal.  His record is also 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 (1st Award).

10.  Army Regulation 672-5-1 (Military 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.  "Unknown" ratings did not disqualify the enlisted person from being awarded the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) states 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

12.  Department of the Army (DA) Pamphlet 672-3, paragraph 6d states DA General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably from 11 August 1969 to 11 February 1972.  He served in Vietnam, attained the rank of SP4, and received all "excellent" conduct and efficiency ratings throughout his service except for the "unknown" ratings he received for less than 3 months while in Vietnam.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the 1st award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

2.  His record shows he participated in three campaigns during his service in Vietnam; therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.    

3.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  With respect to the dates of his service in Vietnam, the evidence of record shows he served in Vietnam from 19 March 1971 to 11 February 1972.  In the absence of evidence to the contrary, it is assumed what the Army did in his case was correct and the dates of his service in Vietnam are properly shown on his DD Form 214.  Therefore, there is insufficient evidence to grant him this portion of the requested relief.

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 (1st Award) for the period 11 August 1969 through 11 February 1972
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 the dates of his service in Vietnam shown on his DD Form 214.



      ___________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)                                         AR20140011374





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ABCMR Record of Proceedings (cont)                                         AR20140011374



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