IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120007948 


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 add the Vietnam Service Medal and all medals, badges, and ribbons to which he is entitled.  

2.  The applicant states the Republic of Vietnam Campaign Medal was printed on his DD Form 214 twice instead of one being the Vietnam Service Medal.  He wants his record corrected to properly represent the medals, badges, and ribbons to which he is entitled.

3.  The applicant provides his DD Form 214 and page 4 of his DA Form 20 (Enlisted Qualification Record).

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 15 September 1966 and he held military occupational specialty 36K (Message Clerk).  

3.  He was assigned in Vietnam from 4 October 1967 to 14 June 1968 and served with Headquarters and Headquarters Company, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

4.  General Orders Number 3112, issued by Headquarters, Americal Division, on 8 June 1968, awarded him the Army Good Conduct Medal.

5.  He was honorably released from active duty on 14 June 1968.  His
DD Form 214 shows he completed 1 year and 9 months of net active service during the period of his service of which 8 months and 11 days was credited as foreign service.  This form also shows he received:

* National Defense Service Medal
* Vietnam Campaign Medal (listed twice as “VCM”)
* 1 overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Army Regulation 600-8-22 (Military Awards) states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968- 30 June 1968)

7.  Department of the Army Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1968 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.
8.  Army Regulation 600-8-22 states 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.  The applicant's record shows his service in Vietnam met the time requirements for award of the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this award.

2.  The Vietnam Campaign Medal is entered twice on his DD Form 214.  As a matter of clarity, both entries should be deleted and a new entry should be made to show the Republic of Vietnam Campaign Medal with Device (1960).

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to it.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.

4.  General orders awarded him the Army Good Conduct Medal (1st Award); therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 deleting from his DD Form 214 the two entries shown as the "VCM" (Vietnam Campaign Medal) and adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (1st Award)



      _______ _   _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)                                         AR20120007948





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ABCMR Record of Proceedings (cont)                                         AR20120007948



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