IN THE CASE OF: 

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006409


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:

* Vietnam Service Medal with two bronze service stars
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The applicant states the awards were overlooked and left off his DD Form 214 due to inexperienced personnel at Fort Lewis, Washington.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record), 3 pages
* DA Form 1577 (Authorization for Issuance of Awards) from the Reserve Component Personnel and Administration Center (RCPAC) 
* second page of special orders showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal requirements
* 1966 Annual Historical Summary for the 554th Maintenance Company
* Army Good Conduct Medal requirements
* 10 March 1966 Letter of Appreciation

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 on 4 March 1965.  He held military occupational specialty 54D (Chemical Equipment Repairman).

3.  His DA Form 20 shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to the:

		(1)  22d Chemical Company from 6 May to 1 August 1966; and 

		(2)  554th Maintenance Company from 2 August 1966 through 
17 February 1967.

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  All his conduct and efficiency ratings were "excellent."

5.  He was honorably released from active duty on 21 February 1967 as a specialist four (SP4)/E-4.  He had completed 1 year, 11 months, and 18 days of active duty service.

6.  His DD Form 214 shows his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.



7.  In support of his request, he provided copies of:

	a.  His DA Form 20 showing he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

	b.  RCPAC document showing he was authorized the Republic of Vietnam 
Gallantry Cross with Palm Unit Citation, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

	c.  Page of the special orders showing he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

	d.  Armed Forces Expeditionary Medal requirements.

	e.  1966 Annual Historical Summary for the 554th Maintenance Company.

	f.  Army Good Conduct Medal requirements.

	g.  his 10 March 1966 Letter of Appreciation for his performance of duty at the U.S. Army Chemical School, Fort McClellan, Alabama.

8.  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, 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign the individual participated in.  During his service in Vietnam, the applicant participated in two campaigns.

10.  Army Regulation 600-8-22 also states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, and advancement to SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  His DA Form 20 and special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

6.  The applicant requested correction of his DD Form 214 to show he was awarded the Armed Forces Expeditionary Medal for his service in Vietnam.  He has been awarded the Vietnam Service Medal and the governing regulation does not allow for an individual to receive both awards for Vietnam service. 







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for the period
4 March 1965 to 21 February 1967; and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  The Board further determined 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 correcting his DD Form 214 to show he 
was awarded the Armed Forces Expeditionary Medal.




      _______ _   _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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130006409



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