IN THE CASE OF:	  

		BOARD DATE:  3 September 2013

		DOCKET NUMBER:  AR20130002012 


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 record to show his Vietnam service, the Meritorious Unit Commendation (MUC), and all other awards to which he may be entitled.

2.  The applicant states his record should be corrected to show his foreign service, the MUC, and all earned awards.  He completed 2 years of foreign service in the Republic of Vietnam (RVN) from January 1967 to January 1968 and from August 1968 to August 1969.

3.  The applicant provides:

* Letter Orders with manifest dated 18 July 1966
* MUC Order
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 19 January 1966.  He was trained in and awarded military occupational specialty 72C (Central Office Switchboard Operator).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 October 1966 to 16 October 1967, while assigned with Company A, 459th Signal Battalion.  It also shows he received “excellent” conduct and efficiency ratings at each of his active duty assignments.

4.  Item 41 (Awards and Decorations) of his DA Form 20 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar

5.  His Army Military Human Resource Record (AMHRR) (previously known as official military personnel file) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

6.  On 19 October 1967, he was honorably released from active duty after completing 1 year, 9 months, and 1 day of creditable active duty service of which 1 year and 16 days was foreign service.  His DD Form 214 shows he earned the NDSM.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the following will be entered in the items indicated: 

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) includes all decorations, service medals, campaign credit, and badges awarded, or authorized
* item 30 (Remarks) includes the inclusive dates of service in Vietnam

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his tours in Vietnam participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

9.  Army Regulation 672-5-1 (Awards) 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. 

10.  Army Regulation 600-8-22 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.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's RVN tours, his unit earned the MUC.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence confirms the applicant served in the RVN from 
3 October 1966 to 16 October 1967, as shown on his DA Form 20.  Therefore, item 30 of his DD Form 214 should be corrected to show this foreign service.

2.  The evidence confirms the applicant received all “excellent” conduct and efficiency ratings at each of his active duty assignments from 19 January 1966 to 19 October 1967, as evidenced by his DA Form 20.  In addition, his records are void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM during this period.  As a result, it would be appropriate to award him the AGCM for this qualifying period of honorable active duty service and to add this award to his record and 
DD Form 214 at this time.

3.  Based on the applicant's service and campaign participation in the RVN, he is also entitled to the VSM with 2 bronze service stars, MUC, RVN Campaign Medal with Device 1960, RVN Gallantry Cross with Palm Unit Citation, two bronze service stars to be affixed to his already-awarded VSM, and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  Accordingly, it would be appropriate to add all of these awards 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 (1st Award) for his qualifying period of honorable service from 19 January 1966 to 19 October 1967 and

	b.  amending his DD Form 214 as indicated:

		(1)  item 24 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

		(2)  item 30 – SERVICE IN VIETNAM FROM 19661003-19671016.



      _______ _  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)                                         AR20130002012





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ABCMR Record of Proceedings (cont)                                         AR20130002012



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