IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016766 


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 item 30 (Remarks) his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Republic of Vietnam reflected as 1 October 1968 through 30 September 1969 instead of 1 October 1969 through 30 September 1969.

2.  The applicant states he believes his service is incorrectly listed due to administrative error. 

3.  The applicant provides no additional evidence.

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 27 December 1967.  He completed training and was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  

3.  Special Orders Number 92, issued by Headquarters, U.S. Army Quartermaster School Brigade, Fort Lee, VA, dated 7 May 1968, which show he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16). 
   
4.  General Orders Number 1033, issued by Headquarters, U.S. Army Support Command, Saigon, dated 22 August 1969, which show he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned to Company A, Troop Command, U.S. Army Depot, Long Binh, Vietnam, for the period October 1968 to September 1969.
   
5.  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.

6.  On 22 December 1970, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 11 months, and 26 days of total active service during this period.  The DD Form 214 he was issued at the time shows in:  

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – 

* 2 Overseas Service Bars
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

b.  item 30, in part – "Vietnam Service 1 Oct 69 - 30 Sep 69."

7.  As a related matter, review of the applicant's records indicates he is entitled to additional awards that are not listed on his DD Form 214.

8.  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.

9.  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 Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Special orders contained in the applicant's military record show he was awarded the Army Commendation Medal for his service while assigned to Company A, Troop Command, U.S. Army Depot, Long Binh, Vietnam, for the period October 1968 to September 1969.  It is apparent an administrative error occurred during the creation of his DD Form 214.  Therefore, he is entitled to correction of item 30 of his DD Form 214 to show his service in the Republic of Vietnam as occurring from 1 October 1968 to 30 September 1969.

2.  The evidence of record confirms he served honorably during the period 27 December 1967 through 22 December 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 27 December 1967 through 22 December 1970 and to correct his DD Form 214 to show this medal.

3.  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.

4.  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:

___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 (1st Award) for the period 27 December 1967 through 22 December 1970;
   
   b.  deleting from item 30 of his DD Form 214 "Vietnam Service 1 Oct 69 - 30 Sep 69" 
   
   c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 
   
   d.  adding to item 24 of his DD Form 214:
   
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


   d.  adding to item 30 of his DD Form 214:  "Vietnam Service 1 October 1968 to 30 September 1969."



      _______ _   _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)                                         AR20140016766





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016766



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1