IN THE CASE OF:	  

		BOARD DATE:  23 July 2013

		DOCKET NUMBER:  AR20120022860 


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 Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Device (1960) for the Republic of Vietnam Campaign Medal.

2.  The applicant states he believes the awards were authorized after he was released from active duty.  The National Personnel Records Center (NPRC) sent him a letter verifying the awards.

3.  The applicant provides a copy of the NPRC letter.

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 11 May 1965, completed training, and was awarded military occupational specialty 72C (Telephone Switchboard Operator).

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* advancement to specialist four/E-4
* service in Vietnam from 19 October 1965 through 20 December 1966
* assignment to the 593d Signal Company, 39th Signal Battalion, in Vietnam from 25 October 1965 through 18 December 1966
* award of the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* conduct and efficiency ratings of exclusively "excellent"
* fully qualified for reenlistment

4.  The applicant was honorably released from active duty on 10 May 1967.  His DD Form 214 shows he was awarded or authorized the following:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* "Republic of Vietnam Campaign Medal"
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  The NPRC letter, dated 23 June 2011, lists the applicant's authorized awards as the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's records contain no derogatory entries, disciplinary actions, nonjudicial punishments, or courts-martial that would suggest he was considered ineligible for award of the Army Good Conduct Medal.

7.  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 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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, appendix B shows participation credit was awarded for the following three campaigns:

* Vietnam Defense Campaign – 8 March-24 December 1965
* Vietnam Counteroffensive – 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967

9.  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 593d Signal Company, 39th Signal Battalion, was cited for award of the Meritorious Unit Commendation while the applicant was assigned.

10.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records do not contain any indication he was awarded the Army Good Conduct Medal.

2.  Notwithstanding the above, the applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his ratings, his personal decorations, and his advancement to specialist four/E-4.  His records contain no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his period of service from 11 May 1965 through 10 May 1967.

3.  The applicant served in Vietnam during three campaigns and is authorized three bronze service stars for his Vietnam Service Medal; his DD Form 214 shows only two service stars.  Therefore, it would be appropriate to correct his DD Form 214 to show three bronze service stars with his already-awarded Vietnam Service Medal.

4.  The applicant's DD Form 214 shows an abbreviated form of the Republic of Vietnam Campaign Medal with Device (1960).  Based on his request, it would be appropriate to correct his DD Form 214 to show the Device (1960) with his already-awarded Republic of Vietnam Campaign Medal.

5.  In addition to the awards shown on the applicant's DD Form 214, he is also authorized award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 his period of service from 11 May 1965 through 10 May 1967,

	b.  deleting award of the Vietnam Service Medal with two bronze service stars and Republic of Vietnam Campaign 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 three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20120022860



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ABCMR Record of Proceedings (cont)                                         AR20120022860



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