BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001510 


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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Republic of Vietnam (RVN) Campaign Medal with 1960 Device.  He also, in effect, requests, as new issues, award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation.

2.  The applicant states the Board made a grave and unmistakable error in refusing to correct his DD Form 214 to show he was awarded the RVN Campaign Medal with 1960 Device.  In his anger, he ordered a copy of his military records from the National Personnel Records Center (NPRC).  The NPRC informed him that he was authorized award of the RVN Campaign Medal with 1960 Device.  It also informed him that he was authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal and was authorized the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant provides a copy of a letter from the NPRC, dated 31 December 2012.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120007160, on 2 October 2012.
2.  The original record of proceedings (ROP) states the applicant requested award of the RVN Campaign Medal with 1960 Device.

	a.  The Consideration of Evidence shows the applicant:

* enlisted in the Regular Army on 15 October 1971
* served in the RVN from 22 March to 9 April 1972 with the 516th Personnel Service Company
* attained the rank of specialist four, pay grade E-4
* was released from active duty on 13 October 1974 after completing          2 years, 11 months, and 29 days of creditable active duty service
* was awarded the National Defense Service Medal, Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar

	b.  The Discussion and Conclusions stated that the applicant was not authorized the RVN Campaign Medal with 1960 Device because he did not serve the requisite 6 months in the RVN.  Therefore, his request was denied.

3.  The applicant has provided a letter from the NPRC which is new evidence that requires consideration by the Board.  This letter states that based on the documents provided by the applicant to the NPRC, the NPRC determined that he was authorized the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, RVN Campaign Ribbon with 1960 Device, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates that he received “excellent” conduct and efficiency ratings until 27 March 1972, when "unknown" was entered.  After this date, it appears that such entries were no longer made, but were replaced with the dates of performance evaluations.

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

	a. This regulation 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.

	b.  This regulation states the Vietnam Campaign Medal with 1960 Device 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	c.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Consolidation I and the Consolidation II.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 516th Personnel Service Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 52, dated in 1974 for award of the Meritorious Unit Commendation.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

8.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the RVN Campaign Medal with 1960 Device.  He also, in effect, requests, as new issues, award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation.

2.  The applicant argues that the Board erred by not granting his initial request to correct his DD Form 214 to show award of the RVN Campaign Medal with 1960 Device.  However, the evidence clearly shows that he did not serve the requisite time in the RVN to qualify for such award.

3.  Notwithstanding the fact that the NPRC provided him with a letter stating otherwise, it would be inappropriate to add the requested foreign award to his DD Form 214.

4.  As is Board policy, consideration is limited to the specific request made by the applicant, except when the issue concerns awards.  For cases wherein there is no merit in any of the applicant's award issues, the Board does not look further.  However, when there is merit to any part of an award issue, then the Board will review the applicant's entire record and make all corrections concerning awards.  This is what happened with the applicant's original case.  He only had one issue which was found to have no merit.  Therefore, his other missed awards were not considered.

5.  In view of the applicant's new issues concerning awards, which do have merit, it would be appropriate to now consider his entire record and make the appropriate corrections to his awards.

6.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Records show that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

8.  All units in the RVN were cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

9.  The applicant’s records clearly show that he distinguished himself in the performance of his military service by attaining the rank of specialist four and receiving “excellent” conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial relief.

2.  In regard to the reconsidered issue, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120007160, dated 2 October 2012.

3.  In regard to the new issues, the evidence demonstrates the existence of a probable error or injustice.  Therefore, the Board determined that the records of the individual concerned be corrected by:

	a. awarding him the Army Good Conduct Medal (1st award) for the period 
15 October 1971 to 13 October 1974;

	b. deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars


* 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)                                         AR20130001510





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ABCMR Record of Proceedings (cont)                                         AR20130001510



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