IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120007633 


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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states the Republic of Vietnam Campaign Medal with Device (1960) was awarded after he departed Vietnam and the Republic of Vietnam Gallantry Cross with Palm Unit Citation's omission was an oversight.

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 the Army of the United States on 19 October 1966.

3.  A DA Form 20 (Enlisted Qualification Record) was prepared on 25 October 1966 and last audited by the applicant on 3 August 1967.  It shows in:

	a.  item 38 (Record of Assignments), he served in Vietnam with the 24th Evacuation Hospital from 12 September 1967 to 1 September 1968;

	b.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service; and

	c.  item 41 (Awards and Decorations), the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar issued by Special Order Number 346, Headquarters, U.S. Army Training Center, 12 December 1966

4.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

5.  He was honorably released from active duty on 4 September 1968.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 16 days of total active service with no lost time.  The DD Form 214 he was issued shows the National Defense Service Medal and Vietnam Service Medal.
6.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded 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.  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.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

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

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 to 28 January 1968)
* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)

11.  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 unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the periods:

* 9 January 1967 to 25 February 1968 in DAGO Number 48, dated 1968
* 1 March to 31 August 1968 in DAGO Number 43, dated 1969
* 1 September 1968 to 31 August 1969 in DAGO Number 50, dated 1971

12.  Army Regulation 600-8-22 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:
1.  DAGOs show that all units assigned to Headquarters, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment.  Therefore, DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he was eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings throughout his service.  While in the Army, he attained the pay grade of E-4 and had no time lost.  There is no evidence that he had any court-martial convictions or that his chain of command denied him the award.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 19 October 1966 to 4 September 1968 and correct his DD Form 214 to show this award.

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The applicant's unit in Vietnam was cited for three awards of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show the Meritorious Unit Commendation (3rd Award).

6.  Evidence of record show the applicant qualified sharpshooter with the rifle.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 19 October 1966 to 4 September 1968; 
	b.  deleting the Vietnam Service Medal from his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960) 
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (3rd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      __________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)                                         AR20120007633





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ABCMR Record of Proceedings (cont)                                         AR20120007633



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