IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130005516 


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 the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states he was never issued a DD Form 215 (Correction to the DD Form 214).

3.  The applicant provides a U.S. Army Reserve Personnel Center (ARPERCEN) letter, three pages of his DA Form 24 (Service Record), and his DD Form 214.

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 served in the Regular Army from 30 October 1962 through 
26 October 1965 in military occupational specialty 62G (Quarry Machine Operator).

3.  His Service Record provides the following:

* service in Vietnam with the 102nd Engineer Company, Vietnam, from 
8 August 1965 through 19 October 1965, 2 months and 15 days
* advancement to specialist four (E-4)
* conduct and efficiency ratings of “excellent”
* award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The available records include copies of award orders for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's DD Form 214 lists his awards as Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  A 3 April 1989 ARPERCEN Official Statement of Awards lists the applicant's awards as the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Department of the Army General Orders (DAGO) 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to units not previously awarded this medal. 

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; 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

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

   a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
   
   b.  The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973.  

   c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

   d.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following one campaign period:  the Vietnam Defense Campaign, 8 March 1965 - 24 December 1965.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a period for which the National Defense Service Medal is authorized.  It is appropriate to include this medal on his DD Form 214.  

2.  The applicant served in Vietnam during the period for which the Vietnam Service Medal is authorized.  It is appropriate to include this medal on his DD Form 214.  

3.  However, he is shown to have served during only one campaign period.  Therefore, the correct entry on his DD Form 214 for this award is the Vietnam Service Medal with one bronze service star.  
4.  The applicant is also shown to be authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  It is appropriate to correct the record to include this award.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 30 October 1962 through 26 October 1965.

6.  The applicant did not serve in Vietnam for the requisite six months for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, correction of his records to show this award is not warranted.

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 a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding the applicant the Good Conduct Medal his period of service from 30 October 1962 through 26 October 1965; and 

	b.  showing that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the:

* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Republic of Vietnam Campaign Medal with Device (1960).  




      _______ _   _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)                                         AR20130005516





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ABCMR Record of Proceedings (cont)                                         AR20130005516



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