IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100022575 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960) and all other combat citations awarded to Company B, 47th Engineer Battalion. 

2.  The applicant states these awards are not on his DD Form 214.

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 was inducted into the Army of the United States on 3 December 1965.  He completed advanced individual training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He served in the Republic of Vietnam from 14 June 1966 to 17 July 1967 with Company B, 19th Engineer Brigade (Combat) (Airborne).  Upon completion of his tour he was reassigned to the 47th Engineer Battalion, Fort Bragg, NC.  The highest rank and pay grade he held was specialist four (SPC)/E-4 (temporary).

3.  Item 38 (Record of Assignments) of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" for all of his rated duty assignments.  He received an "unknown" rating during his permanent change of station.  

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Overseas Service Bar (1), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant was honorably released from active duty on 1 December 
1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He completed 1 year, 11 months, and 29 days of total active service. 

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Parachutist Badge.

7.  Army Regulation 600-8-22 (Military Awards), contains the regulatory guidance for awards.  It states:

	a.  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.  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 were entitled to award of the Vietnam Campaign Medal.

	b.  A bronze service star is authorized with the Republic of Vietnam Campaign Medal with Device (1960) for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows 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 during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served a qualifying period of service in Vietnam from 12 September 1964 to 9 September 1965 for award of the Republic of Vietnam Campaign Medal with Device (1960).  

2.  Records show he served in Vietnam with the 19th Engineer during three campaign periods.  Therefore, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  

3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  

4.  The evidence shows he completed 1 year, 11 months, and 29 days of honorable service during which he received all "excellent" conduct and efficiency ratings and had no court-martial convictions.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award).

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.

6.  His record should be corrected to show these awards.

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 amending item 24 of his DD Form 214 as follows:

   a.  delete the Vietnam Service Medal 

	b.  add the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (1st Award) for the period 3 December 1965 through 1 December 1967
* Sharpshooter Marksmanship Qualification Badge with Rifle 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)                                         AR20100022575





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ABCMR Record of Proceedings (cont)                                         AR20100022575



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