IN THE CASE OF:	  

		BOARD DATE:	       9 September 2008

		DOCKET NUMBER:  AR20080005843 


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 request, in effect, that the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he was "in-country" in Vietnam from 1965 -1966. 

3.  The applicant provides a copy of 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 and entered active duty on 24 June 1963.  He completed training as a clerk typist and was assigned to Headquarters and Headquarters Company (HHC), 11th AA Division which was redesignated the 
1st Cavalry Division (Airmobile).  

3.  On 27 July 1965 he was reassigned to HHC and Band, 1st Cavalry Support Command which deployed to Vietnam and arrived on 15 September 1965.  The applicant returned to the United States on 9 June 1966, and was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) in pay grade E-5. 

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar and the Vietnam Service Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record), in effect, lists the same information and also shows that his conduct and efficiency evaluations as exclusively excellent.   

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action are eligible for the award.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized for various campaign periods, including the Vietnam Defense Campaign – 8 March to
24 December 1965 and the Vietnamese Counteroffensive – 25 December 1965 to 30 June 1966.


7.  Army Pamphlet 672-3 shows that HHC and Band, 1st Cavalry Division (Airmobile) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 July 1965 through 16 October 1968 by Department of the Army General Order Number 21 of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from October 1965 through 7 April 1970 by Department of the Army General Order Number 53 of 1970. 

8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service

9.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified for and should be authorized the Republic of Vietnam Campaign Medal with Device (1960).   

2.  He distinguished himself by his performance and conduct as evidence by his evaluations.  He should be awarded the Good Conduct Medal.   

3.  The applicant served in Vietnam during two designated campaign periods and is authorized to wear two bronze service stars on the Vietnam Service Medal.

4.  While he was assigned in Vietnam, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards should be added to his DD Form 214.  


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.  authorizing the Republic of Vietnam Campaign Medal with Device (1960); 
   
   b.  awarding him the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 24 June 1963 to 9 June 1966; and
   
   c.  showing that, in addition to the awards already listed in item 26 of his DD Form 214, his authorized awards include the Good Conduct Medal, two bronze service stars for wear on his already-awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 



      __________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)                                         AR20080005843



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ABCMR Record of Proceedings (cont)                                         AR20080005843



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