IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000529 


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
* Vietnam Campaign Medal 
* Republic of Vietnam Gallantry Cross 
* Any other citations, ribbons, or medals

2.  The applicant states awards were omitted from his DD Form 214. 

3.  The applicant 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 enlisted in the Regular Army for 3 years on 1 October 1962.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 05H (Morse Interceptor). 

3.  Subsequent to completing MOS training, he served in Vietnam from 29 July 1963 to 8 October 1963.  He was assigned to the 3rd Radio Research Unit.  

4.  He departed Vietnam in a patient status to Fort Wolters, TX.  He subsequently served in Turkey, U.S. Army Europe, from 18 March 1964 to an unknown date in August 1965.  

5.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 30 August 1965.  He completed 2 years and 11 months of active service with no lost time.  His DD Form 214 shows the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal (Berlin)

6.  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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

7.  His record contains no derogatory information in the form of nonjudicial punishment, lost time, or a record of court-martial.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 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. 

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

	b.  Individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) 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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The applicant served honorably during the period 1 October 1962 through 30 August 1965.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He attained the rank/grade of SP5/E-5, and he was fully eligible to reenlist.  In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal it would be appropriate to award him this medal based on completion of qualifying service and correct his DD Form 214 to show it. 

3.  With respect to the Vietnam Campaign Medal, the criteria for this award requires completion of 6 months of service in Vietnam.  He did not complete       6 months of service in Vietnam.  Therefore, he is ineligible for this award.

4.  With respect to the Vietnam Service Medal, the qualifying period of service for the Vietnam Service Medal is from 3 July 1965 through 28 March 1973.  He served in Vietnam prior to this qualifying period.  Therefore, he is ineligible for this award. 

5.  It is noted that the applicant was awarded the Armed Forces Expeditionary Medal (Berlin) despite the absence of evidence he served in Berlin:
	a.  It is possible the Armed Forces Expeditionary Medal was awarded for his service in Vietnam rather than Berlin.  If so, the applicant is advised that no person will be entitled to the Vietnam Service Medal and the Armed Forces Expeditionary Medal for Vietnam service.

	b.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  

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:

* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 October 1962 through 30 August 1965
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award) and the 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 the Vietnam Service Medal and the Vietnam Campaign Medal. 



      _______ _  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)                                         AR20120000529





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000529



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1