IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100019744 


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 that the Republic of Vietnam Campaign Medal (RVNCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served in Vietnam from 16 October 1970 to 2 November 1971 and he should have been awarded the RVNCM.

3.  The applicant provides a copy of his DD Form 214 and an article from Wikipedia describing the criteria for award of the RVNCM.

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 in Milwaukee, Wisconsin on 31 March 1970 for a period of 2 years.  He completed the training requirements and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman) and transferred to Vietnam on 16 October 1970.  

3.  He was assigned to the 2d Battalion, 501st Infantry Regiment and he was advanced to the pay grade of E-4 on 11 April 1971.

4.  He served in two campaigns and departed Vietnam on 3 November 1971.  He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He had served 1 year, 7 months, and 3 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Combat Infantryman Badge, and his marksmanship badges.

5.  On 12 November 1971, General Orders Number 10598 issued by Headquarters, 101st Airborne Division awarded the applicant the Army Commendation Medal for the period October 1970 to November 1971.  

6.  A review of the applicant’s records shows he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

7.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) 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.  

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 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.

9.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the RVNCM should be added to his DD Form 214 has been noted and found to have merit.  He served in Vietnam more than 
1 year and he qualified for this award.  Accordingly, it should be added to his 
DD Form 214 at this time.

2.  The applicant also participated in two campaigns in Vietnam and thus he is entitled to be awarded two bronze service stars for wear on his already-awarded VSM.

3.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st award) for the period 31 March 1970 to 3 November 1971 and correct his DD Form 214 to show this award.

4.  The applicant was also awarded the ARCOM subsequent to his REFRAD and this award should be added to his DD Form 214 at this time as well.

5.  Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to his unit during the period he served with the unit.  Therefore, he is entitled to correction of his DD Form 214 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 AGCM for the period 31 March 1970 to 3 November 1971;

   b.  Deleting the VSM from his DD Form 214;
   
   c.  Adding the following awards to his DD Form 214:

* AGCM
* ARCOM
* RVNCM with 1960 Device
* RVNGC w/Palm Unit Citation
* VSM with two bronze service stars




      _______ _   _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)                                         AR20100019744





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ABCMR Record of Proceedings (cont)                                         AR20100019744



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