IN THE CASE OF:	  

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120008317 


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 Campaign Medal with Device (1960).

2.  The applicant states he served 6 months and 22 days in the Republic of Vietnam.

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.  He enlisted in the Regular Army on 12 July 1965 for a period of 3 years.

3.  He served in the Republic of Vietnam from 13 March 1966 to 20 November 1966.  He was assigned to Company A, 84th Engineer Battalion, from 19 March 1966 to 20 November 1966.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* National Defense Service Medal

5.  On 29 November 1966, he was released from active duty.  He completed 1 year, 4 months, and 18 days of active service that was characterized as honorable.  His DD Form 214 shows he was authorized award of the:

* Vietnam Service Medal
* National Defense Service Medal

6.  There is no evidence he received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records do not show indiscipline or lost time.  His records do not contain any adverse information.  He received conduct and efficiency ratings of "excellent" throughout his period of service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.

	a.  During the period of his assignment to the 84th Engineer Battalion the unit was awarded the:

* Meritorious Unit Commendation (Army) – June 1965-May 1966
* Meritorious Unit Commendation (Army) – 1 June 1966-31 October 1967

	b.  All U.S. Army units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.

	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the following relevant campaigns:

* Vietnam Counteroffensive – 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal which in this case is the Vietnam Service Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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. There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  He served over 6 months in the Republic of Vietnam.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his DD Form 214.

2.  His records do not show indiscipline, lost time, or a record of courts-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  Therefore, the evidence is sufficient to show he was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 12 July 1965 to 29 November 1966 ending with the termination of a period of active Federal service.

3.  While assigned to the 84th Engineer Battalion, his unit was awarded two Meritorious Unit Commendations (Army).  Therefore, these awards should be added to his DD Form 214.

4.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze stars for wear on his Vietnam Service Medal.

5.  Based on the entry in item 41 of his DA Form 20, the Marksman Marksmanship Qualification Badge with Rifle Bar should be added to his DD Form 214.

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 (First Award) for the period 12 July 1965 to 29 November 1966;

	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)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation (2nd Award)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman 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)                                         AR20120008317



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ABCMR Record of Proceedings (cont)                                         AR20120008317



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