IN THE CASE OF:	   

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140015896 


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 his combat duty in the Republic of Vietnam and any awards he is entitled to for his service.

2.  The applicant states he served as a courier for the first four months in Vietnam making daily trips to the field and having to stay there if they were in a firefight.  The remainder of his tour he was in the field working as a communications sergeant to gain rank since he had never worked in his military occupational specialty (MOS).  He was involved in many combat operations with the balance of his extended tour of duty setting up signal operations in the Central Highlands.  He was treated for jungle rot due to the cuts he received in the field from jungle vegetation.

3.  The applicant provides no additional information.

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 was inducted into the Army of the United States on 10 January 1969.  He completed training and was awarded MOS 05C (Radio Telephone/Teletype Operator).  Evidence shows he served in the Republic of Vietnam from 10 August 1969 to 13 August 1970 as a member of 3rd Battalion, 8th Infantry Regiment.

3.  The applicant's record contains General Orders Number 3957, issued by Headquarters, 4th Infantry Division, dated 22 July 1970, which show he was awarded the Army Commendation Medal (1st oak leaf cluster) for meritorious service in the Republic of Vietnam between August 1969 and August 1970.

4.  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.  His record does not contain any derogatory information 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.

5.  On 15 August 1970, he was honorably released from active duty as an overseas returnee.  He completed 1 year, 7 months, and 6 days of total active service during this period and item 22c (Foreign and/or Sea Service) shows he served 1 year and 6 days of foreign service in the U.S. Army-Pacific geographic area of responsibility.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 overseas service bars

6.  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 the 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.  There must have been no convictions by a court-martial.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 3rd Battalion, 8th Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 does not show his combat duty in the Republic of Vietnam and any awards he is entitled to for his service.

2.  A review of the applicant's DD Form 214 shows his foreign service in the U.S. Army-Pacific is properly recorded.  In addition, he received the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) which also verifies he served in a designated combat zone.  Therefore, the applicant's combat duty is properly reflected on his DD Form 214.

3.  General orders awarded him the Army Commendation Medal (1st oak leaf cluster).  Therefore, he is entitled to correction of his record to show this award.

4.  The evidence of record confirms he served honorably during the period 10 January 1969 through 15 August 1970.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 10 January 1969 through 15 August 1970 and to correct his DD Form 214 to show this medal.

5.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  The applicant's unit was cited for award of 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.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 10 January 1969 through 15 August 1970;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.  adding to his DD Form 214 the following:

* Army Commendation Medal (1st oak leaf cluster)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four 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 showing his combat duty on his DD Form 214 for it is already properly recorded. 



      ____________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)                                         AR20140015896



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ABCMR Record of Proceedings (cont)                                         AR20140015896



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