IN THE CASE OF:	  

		BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120004417 


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 award of the Republic of Vietnam Campaign Medal with Device (1960) and all other awards he is entitled to.

2.  The applicant states he recently learned that he qualified for award of the Republic of Vietnam Campaign Medal with Device (1960) based on his service in the Republic of Vietnam from 29 December 1965 through 13 June 1966, but the medal is not recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 24 June 1963 for a period of
3 years.  He was awarded military occupational specialty 11C (Indirect Fire Crewman).

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

	a.  item 31 (Foreign Service):  Vietnam - 29 December 1965 to 15 June 1966;

	b.  item 33 (Appointments and Reductions):  he was promoted to sergeant (SGT)/pay grade E-5 with a date of rank of 14 April 1966;

	c.  item 38 (Record of Assignments):  Company C, 2nd Battalion (Airborne), 502nd Infantry, from 3 January through 12 June 1966;

	d.  item 39 (Campaigns):  no entry (is blank);

	e.  item 40 (Wounds):  no entry (is blank); and

	f.  item 41 (Awards and Decorations):

* Parachutist Badge
* Vietnam Service Medal 
* Combat Infantryman Badge
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with (M-1) Rifle

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 June 1966 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He had completed 2 years, 11 months, and 23 days of net active service that included 5 months and 17 days of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge
* Parachutist Badge

5.  Headquarters, 3rd Training Brigade (Basic Combat Training), U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 150, dated 8 August 1963, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.

7.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service, except for an efficiency rating of "good (academic)" during the period 
6 November to 4 December 1963 when he was an airborne student.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign;

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the following campaign:  Vietnam Counteroffensive (25 December 1965-30 June 1966); and

	c.  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.  

		(1)  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

		(2)  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960), provided they met at least one of the following criteria:

* 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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company C, 2nd Battalion (Airborne), 502nd Infantry, the battalion was awarded the:

	a.  Valorous Unit Award for actions during the period 17 January to 25 March 1966 by Department of the Army General Orders (DAGO) Number 17 (1968), as amended by DAGO Number 1 (1969); and

	b.  Meritorious Unit Commendation for the period 29 July 1965 to 2 October 1966 by DAGO Number 17 (1968), as amended by DAGO Number 1 (1969).

	c.  Headquarters, U.S. Army Vietnam and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973 by DAGO Number 8 (1974).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Republic of Vietnam Campaign Medal with Device (1960) based on his service in the Republic of Vietnam and all other awards he is entitled.

2.  Records show the applicant served overseas in the Republic of Vietnam from 29 December 1965 through 15 June 1966.

   a.  A calculation of this period of service shows the following:

	1966  06  15  date of redeployment
         - 1965  12  29  date of deployment
         =    00  05  16
         +                  1  day inclusive
         =    00  05  17  total foreign service

	b.  Qualifying service for the Republic of Vietnam Campaign Medal with Device (1960) included assignment in Vietnam for 6 months or more, or award of the Vietnam Service Medal and having served for less than 6 months of service, but was:

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

   c.  The evidence of record fails to show the applicant met the qualifying criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to correction of his records to show the medal.

3.  The evidence of record shows the applicant qualified for award of the Vietnam Service Medal and he served in one campaign during his service in Vietnam.  Thus, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar.

5.  General orders awarded the applicant's unit the:

* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal (1st Award) from 24 June 1963 to 
16 June 1966.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   b.  He received "excellent" conduct and efficiency ratings during his period of service with one efficiency rating of "good (academic)" while he was a student, which is not disqualifying.

   c.  He was promoted to SGT/E-5 with less than 34 months of active service.

   d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his 
DD Form 214 to show the award.

7.  In view of the foregoing it would be appropriate to correct the applicant's records to show the awards and decorations, as recommended below.

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 Army Good Conduct Medal (1st Award) for the period 
24 June 1963 to 16 June 1966 (Standard Name Line:  SGT Company C, 
2nd Battalion (Airborne), 502nd Infantry, U.S. Army Vietnam);

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

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

* Valorous Unit Award
* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle (M-1) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 Republic of Vietnam 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)                                         AR20120004417



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ABCMR Record of Proceedings (cont)                                         AR20120004417



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