IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100020574 


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 two awards of the Vietnam Service Medal, one awarded by the U.S. and one awarded by the Vietnamese [presumed to be the Republic of Vietnam Campaign Medal].  

2.  He states he only has one Vietnam Service Medal listed on his DD Form 214, but there are supposed to be two listed.  

3.  He 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 was inducted into the Army of the United States on 15 April 1969.  He served in Vietnam from 13 March 1970 to 13 February 1971 with Headquarters and Headquarters Battery, 4th Infantry Division Artillery from 24 March to 12 December 1970; and with Headquarters and Headquarters Detachment, 27th Transportation Battalion from 13 December 1970 to 10 February 1971.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 33 (Appointment and Reductions):  he was advanced to the rank/grade of sergeant (SGT)/E-5 on 5 October 1970
* Item 38 (Record of Assignments):  he received "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations):  one award of the Vietnam Service Medal

4.  He was released from active duty on 14 February 1971 in the rank of SGT.  He completed 1 year and 10 months of active military service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Army Commendation Medal

5.  His record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

7.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.  This same regulation states that no person will be entitled to more than one award of the Vietnam Service Medal.  

	b.  Army Regulation 600-8-22, 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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase campaigns.  

   c.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal 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.  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.
   
   d.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that two awards of the Vietnam Service Medal, one awarded by the U.S. and one awarded by the Vietnamese, should be listed on his DD Form 214.  However, the Military Awards regulation states that no person will be entitled to more than one award of the Vietnam Service Medal.  

2.  It appears he may have been requesting award of the Republic of Vietnam Campaign Medal with Device (1960), which 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.  Since he served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960), this award should be added to his DD Form 214.  

3.  His DD Form 214 shows award of the Vietnam Service Medal.  Additionally, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this unit award.

5.  It appears he has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 15 April 1969 through 14 February 1971.  His service record shows he received "excellent" conduct and efficiency ratings and he was advanced to SGT during this period.

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 for the period 15 April 1969  through 14 February 1971;
   
   b.  amending his DD Form 214 by adding the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal; and


   c.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 and replacing it with the Vietnam Service Medal with three 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)                                         AR20100020574





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100020574



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1