IN THE CASE OF:	

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010615


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 he was awarded the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states his records are in error due to the omission.  

3.  The applicant provides his DD Form 214 and 3 photographs (with corresponding notes) he sent his parents during his service in the Republic of Vietnam.

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 26 August 1966.  His record shows he held military occupational specialties 76C (Equipment Records and Parts Specialist) and 76P (Stock Control and Accounting Specialist).  The highest rank/grade he attained during his period of military service was specialist four (SP4)/E-4.  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 23 March 1967 to on or about 22 March 1968.  During his service in Vietnam he was assigned to the 559th General Supply Company, U.S. Army Support Command – Saigon, U.S. Army, Vietnam.

4.  On 7 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal.

5.  Army Regulation 600-8-22 (Military Awards) states 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.  

6.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  

8.  Item 38 of his DA Form 20 contains two nearly identical entries regarding his performance during basic combat training at Fort Dix, NJ.  The first entry, dated "51 Sep 66," shows he received an "unsat" conduct and efficiency rating during this initial period.  The next entry, dated "15 Sep 66," shows he received an "excellent" conduct and efficiency rating for the same period of service during basic combat training.  All other conduct and efficiency ratings throughout his entire period of service were "excellent."  

9.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  


10.  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, and he/she could not have been convicted by court-martial.

11.  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 3 campaigns:

* Vietnam Counteroffensive Phase II  (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III  (1 June 1967 – 29 January 1968)
* Tet Counteroffensive  (30 January 1968 – 1 April 1968)

12.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.

13.  Special Orders Number 213, issued by the U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 12 October 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Vietnam from on or about 23 March 1967 to 22 March 1968.  Accordingly, he met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  He served honorably from 22 August 1966 through 7 August 1969.  His record shows he received "excellent" conduct and efficiency ratings throughout his service, with one exception of a single "unsat" conduct and efficiency rating while in a trainee status.  This single "unsat" rating is presumed to be an error, since he received an "excellent" conduct and efficiency rating for the same period of service in the next entry of item 38 of his DA Form 20.  Additionally, there is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the Army Good Conduct Medal (1st Award).  

3.  Any reasonable doubt should be resolved in his favor.  His records show he served honorably throughout his period of active duty, including his service in the Republic of Vietnam.  Additionally, there is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award), and to correct his DD Form 214 to show this award.

4.  He participated in 3 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with 3 bronze service stars.

5.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 this unit award.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship award.

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
22 August 1966 through 7 August 1969; and 

   b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      _____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120010615



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