BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120008419 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam (RVN) Campaign Medal with Device (1960) and the appropriate number of bronze service stars for wear on his Vietnam Service Medal for each of the campaigns he participated while serving in the RVN.

2.  He states his DD Form 214 indicates he participated in an "Unnamed Campaign," but it does not show award of the RVN Campaign Medal with Device (1960) or any bronze service stars.

3.  He provides:

* his DD Form 214
* an extract from 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 27 January 1971.  He completed training and he was awarded military occupational specialty (MOS) 67G (U8/U21 Airplane Repairman).

3.  Special Orders Number 78, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 19 March 1971, awarded him the:

* Second Class Gunner (now known as the Marksman) Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  General Orders Number 1, issued by Headquarters, U.S. Army Support Detachment, Oakdale, PA, dated 30 January 1973, awarded him the Army Good Conduct Medal (1st Award) for the period 27 January 1971 through 26 January 1973.

5.  His DA Form 20 shows in:

	a.  Item 31 (Foreign Service) he served in the RVN from 4 December 1971 to 9 June 1972.

	b.  Item 38 (Record of Assignments) he was assigned to the Command Aviation Company (CAC), U.S. Army Pacific (USARPAC), RVN.

6.  On 26 January 1973, he was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  At the time of his REFRAD he completed 2 years of total active service.  He held the rank/grade of specialist four (SP4)/E-4 at the time of his REFRAD.

7.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Hand Grenade Badge
* 
Rifle Badge
* Vietnam Service Medal
* Unnamed Campaign

8.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The RVN 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.  In paragraph 2-13, the regulatory guidance on the Vietnam Service Medal, that 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 the RVN, the applicant participated in the following two campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

9.  Army Regulation 672-5-1 (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 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.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence shows he completed a qualifying period of service in the RVN for award of the RVN Campaign Medal with Device (1960).  Therefore, his
DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show the appropriate levels of qualification for these badges.

5.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 27 January 1971 through 26 January 1973.  Therefore, his DD Form 214 should be corrected to show this award.

6.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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:

	a.  deleting from his DD Form 214 the:

* Hand Grenade Badge
* Rifle Badge
* Vietnam Service Medal
* Unnamed Campaign

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20120008419



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ABCMR Record of Proceedings (cont)                                         AR20120008419



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