IN THE CASE OF: BOARD DATE: 18 June 2015 DOCKET NUMBER: AR20140019225 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 award of the Republic of Vietnam (RVN) Gallantry Cross. 2. The applicant states he thinks he is entitled to the RVN Gallantry Cross for combat service from July 1969 to August 1970. 3. The applicant does not provide any 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 24 January 1969. He completed training and was awarded military occupational specialty 64B (Heavy Vehicle Driver). The highest grade he attained was specialist four. 3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information: a. Item 31 (Foreign Service) shows he served a tour of duty in the RVN from 1 July 1969 through 28 August 1970. b. Item 38 (Record of Assignments) shows that during the period 8 July 1969 to 24 August 1970 he served with the 64th Transportation Company in the RVN. He received all "excellent" conduct and efficiency ratings throughout his military service. c. Item 41 (Awards and Decorations) shows the following: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * "Drivers Badge (2nd Award)" * Overseas Service Bar (2) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Grenade Bar 4. On 5 January 1970, he was honorably discharged. His DD Form 214 shows he was awarded or authorized the: * NDSM * VSM * RVN Campaign Medal with Device (1960) * Overseas Service Bar (2) * "Drivers Badge (2nd Award)" * Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16) 5. A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 6. His record is void of documentation showing he was the subject of any disciplinary action during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM). 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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. 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. Appendix B of the regulation lists campaigns. The applicant's service in Vietnam coincided with four campaigns: * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. This pamphlet shows the 64th Transportation Company was cited for the following awards: * Meritorious Unit Commendation (MUC) for the period 1 April 1969 through 31 March 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971 * RVN Gallantry Cross with Gold Star Unit Citation for the period 4 November 1966 through 24 April 1971 by DAGO 24, dated 1972 b. This pamphlet also states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. 10. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units: a. Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant received all "excellent" conduct and efficiency ratings during his service. He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM. Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correction his DD Form 214 to show this award. 2. He was awarded the VSM and he participated in four campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM. 3. He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation. He also served with the 64th Transportation Company during a period for which the unit was awarded the MUC and the RVN Gallantry Cross with Gold Star Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 4. Records show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar. Therefore, he is entitled to correction of his DD Form 214 to show this badge. 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. deleting from his DD Form 214 the VSM; b. awarding him the AGCM (1st Award) for the period 24 January 1969 to 28 August 1970; and c. adding to his DD Form 214 the: * AGCM (1st Award) * VSM with four bronze service stars * RVN Gallantry Cross with Gold Star Unit Citation * RVN Gallantry Cross with Palm Unit Citation * MUC * Expert Marksmanship Qualification Badge with Grenade Bar _______ _ 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) AR20140019225 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1