IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100024019 


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 he was awarded the Republic of Vietnam Campaign Medal with Device (1960).

2.  He states he served in the Army from July 1964 to June 1966 and in Vietnam from September 1965 to June 1966.

3.  He provides a copy of his DD Form 214 and a letter he received from the National Personnel Records Center.  

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 14 July 1964.  He was honorably released from active duty on 19 June 1966 after completing 1 year, 11 months, and 6 days of total active service.

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

* item 31 (Foreign Service) he served in Vietnam from 19 August 1965 to 19 June 1966
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Headquarters and Headquarters Company (HHC), 1st Cavalry Division (Airmobile), from 16 September 1965 to 15 June 1966
* item 38 he received all "excellent" conduct and efficiency ratings

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* one overseas service bar
* National Defense Service Medal
* Vietnam Service Medal (VSM)

5.  The record is void of documentation showing he was the subject of any disciplinary action during his military service.

6.  Army Regulation 600-8-22 (Military Awards) 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.  

7.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincided with two campaigns:  

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)

10.  Special Orders Number 88 (Extract), issued by Headquarters, 2d Training Regiment, on 31 August 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the HHC, 1st Cavalry Division (Airmobile), was cited for award of the:

* Presidential Unit Citation for the period 23 October to 26 November 1965, by Department of the Army General Orders (DAGO) Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969, by DAGO 59, dated 1969

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service made him eligible for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably during the period 14 July 1964 through 19 June 1966 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his record to show this award.

3.  He was awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded VSM.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  He served in the HHC, 1st Cavalry Division (Airmobile), during periods for which the unit was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit 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:

	a.  awarding him the AGCM (1st Award) for the period 14 July 1964 through 19 June 1966, 

	b.  deleting the VSM from item 24 of his DD Form 214, and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation


* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100024019





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ABCMR Record of Proceedings (cont)                                         AR20100024019



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