IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100028945 


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 Vietnam Service Medal (VSM) and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states the VSM and RVN Campaign Medal with Device (1960) are not listed on his DD Form 214.

3.  The applicant 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's record shows he was inducted into the Army of the United States on 5 February 1964.  He was trained in and served in military occupational specialty 81A (General Draftsman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned for duty in the RVN on 3 August 1965 in item 38 (Record of Assignments).  It also shows the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  On 8 November 1965, the applicant was honorably released from active duty after completing a total of 1 year, 9 months, and 4 days of creditable active military service.  His DD Form 214 shows he completed 1 month and 20 days of foreign service in the RVN and item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  His official military personnel file is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 contains guidance on award of the National Defense Service Medal (NDSM).  It is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 
30 November 1995 and 11 September 2001 to a date to be determined.

7.  Paragraph 2-13 contains guidance on award of the VSM.

	a.  The VSM is awarded to all members of the Armed Forces of the United States serving in Vietnam and the contiguous waters or airspace there over after 3 July 1965 through 28 March 1973.

	b.  To qualify for award of the VSM an individual must be attached to or regularly serve for 1 or more days with an organization participating in or directly supporting military operations.

	c.  A bronze service star is authorized with the VSM for each RVN campaign a member is credited with participating in while serving in the RVN.


8.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns.  It shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the Vietnam Defense Campaign.

9.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on award of the RVN Campaign Medal with Device (1960).  It is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

10.  Army Regulation 672-5-1 (Decorations and Awards) provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Department of the Army General Orders Number 8, dated 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the VSM and RVN Campaign Medal with Device (1960).

2.  The evidence of record confirms the applicant completed 1 month and 20 days of service in the RVN.  Based on this service and his campaign participation, his records should be corrected to add the VSM with one bronze service star and the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant's DA Form 20 confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  His OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, he should be awarded the AGCM (1st Award) and it should be added to his DD Form 214.

4.  Based on the applicant's honorable service completed from 5 February 1964 to 8 November 1965, he is entitled to the NDSM.  Accordingly, this award should be added to his record and DD Form 214 at this time.


5.  The evidence of record confirms the applicant did not complete the minimum 6 months service in the RVN as required by regulation for award of the RVN Campaign Medal with Device (1960).  Accordingly, there is no basis upon which to grant this portion of his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the AGCM (1st Award) for his qualifying period of honorable active service from 5 February 1964 to 8 November 1965,

	b.  amending item 24 of his DD Form 214 by adding the following:

* AGCM (1st Award)
* National Defense Service Medal
* VSM with one bronze service star
* RVN Gallantry Cross with Palm Unit Citation

	c.  issuing him the above awards and a DD Form 215 (Correction to DD Form 214) to reflect the above corrections.


2.  The Board further determined 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 the RVN Campaign Medal with Device (1960).



      ____________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)                                         AR20100028945



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ABCMR Record of Proceedings (cont)                                         AR20100028945



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