IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110010138 


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:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two overseas service bars
* Army Lapel Pin (now known as the Army Lapel Button)

2.  He states the awards were left off of his DD Form 214.

3.  He provides 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 Army of the United States. on 22 September 1965.  

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

   a.  item 31 (Foreign Service), Vietnam from 3 July 1966 to 1 July 1967;
      
   b.  item 38 (Record of Assignments), he served in Vietnam with Headquarters and Main Support Company, 5th Maintenance Battalion (Direct Support) from 
23 July 1966 to 28 June 1967; and
      
   c.  item 38 all "excellent" ratings for conduct and efficiency. 
      
	d.  item 41 (Awards and Decorations) shows he was awarded the Marksmanship Marksman Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

4.  He was honorably released from active duty on 1 July 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.  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
* Marksmanship Marksman Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Army Regulation 600-8-22 (Military Awards) states the Army Lapel Button is a gratuitous issue and the eligibility requirements are:  

	a.  transitioning with an honorable characterization of service (those being transferred to another component for completion of a military service obligation and those receiving an Honorable Discharge Certificate); 

	b.  transitioning under a non-adverse separation provision; 

	c.  having served a minimum 9 months continuous service - a break in service is 24 hours or more;

	d.  having had active Federal service on or after 1 April 1984 or service in a Ready Reserve unit organized to serve as a unit (Army National Guard unit or Army Reserve troop program unit) on or after 1 July 1986; 

   e.  retroactive issuance is not authorized; and 
   
   f.  no Soldier separating from the Service is to be awarded more than one Army Lapel Button.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register), paragraph 6d states that Department of the Army General Order (DAGO) 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.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S.  Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

8.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ends 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.  

11.  Army Regulation 600-8-22 (Military Awards), 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 28 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  All units assigned to Headquarters, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The available evidence shows the applicant served honorably from 22 September 1965 to 1 July 1967 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

3.  The applicant participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The evidence of record clearly shows that he did not serve during a qualifying period for award of the Army Lapel Button.  Therefore, he is not entitled to have his record corrected to show the Army Lapel Button.

5.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.


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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

	b.  awarding him the Army Good Conduct Medal for the period 22 September 1965 to 1 July 1967; and 

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars.
   
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 correction of Department of the Army records showing award of the Army Lapel Button and two overseas service bars.
   
   
   
      _______ _  _ 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)                                         AR20100028553



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ABCMR Record of Proceedings (cont)                                         AR20110010138



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