IN THE CASE OF:	

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026968 


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 the:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with 2 or 3 bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Campaign Medal (RVNCM) with Device (1960)
* Army Commendation Medal (ARCOM)
* unit awards received by Headquarters and Headquarters Company (HHC), 1st Battalion, 327th Infantry, 82d Airborne Division

2.  He states his awards were left off upon leaving Vietnam and the Army.  He indicates the corrections will assist him in a claim with the Department of Veterans Affairs (VA).

3.  He provides:

* a letter to him from the National Personnel Records Center, St. Louis, MO
* his DD Form 214
* a citation for the ARCOM
* his DA Form 20 (Enlisted Qualification Record)


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 on 16 July 1963 for a period of
3 years.  After completing initial entry training, he was awarded military occupational specialty (MOS) 111 (Light Weapons Infantryman) and he later served in MOS 11C (Indirect Fire Infantryman).  He was honorably released from active duty on
27 June 1966 after completing 2 years, 11 months, and 12 days of total active service.

3.  His DA Form 20 shows in:

* item 31 he served in the U.S. Army Pacific (USARPAC) - Vietnam from 23 January to 27 June 1966
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with HHC, 1st Battalion (Airborne), 327th Infantry, from 1 February to 24 June 1966
* item 38 he received all "excellent" conduct and efficiency ratings throughout his service

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Parachutist Badge
* Armed Forces Expeditionary Medal
* Combat Infantryman Badge
* VSM
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5.  On 11 June 1966, Headquarters, U.S. Army Vietnam, issued General Orders Number 3663 awarding him the ARCOM for meritorious service from January to June 1966. 

6.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 the applicant's service in Vietnam, he participated in the Vietnam Counteroffensive Campaign that extended from 25 December 1965 through
30 June 1966.

9.  Army Regulation 600-8-22 states the 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.  Individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the RVNCM with Device (1960).



10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in 
Vietnam.  This pamphlet shows the 1st Battalion, 327th Infantry, was cited for the following awards while he was assigned to the unit:

* Presidential Unit Citation (PUC) for the period 2 through 20 June 1966 by Department of the Army General Orders (DAGO) Number 59, dated 1968
* Valorous Unit Award (VUA) for the period 17 January through 25 March 1966 by DAGO Number 17, dated 1968
* Meritorious Unit Commendation (MUC) for the period 29 July 1965 through 1 October 1966 by DAGO Number 17, dated 1968

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam for less than the 6 months required for award of the RVNCM, and the record does not show he was wounded or captured by hostile forces while serving in Vietnam.  Therefore, he is not eligible for award of the RVNCM.

2.  General orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  He was not the subject to any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

4.  He was awarded the VSM.  His records show he participated in one campaign phase while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on his already-awarded VSM.



5.  He served in a unit that was awarded the PUC, VUA, MUC, and RVN Gallantry Cross with Palm Unit Citation for periods that coincide with his service in the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 July 1963 through 27 June 1966; and

	c.  adding to item 26 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Vietnam Service 


Medal with "2 or 3" bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) and their addition to his DD Form 214.



      ___________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)                                         AR20100026968



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ABCMR Record of Proceedings (cont)                                         AR20100026968



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