IN THE CASE OF:	   

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130006604 


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 Report of the United States Report of Transfer or Discharge) to show:

a.  his service in Vietnam and

b.  award of the:

* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with "1960" Device
* Bronze Star (in effect, bronze service stars) for his participation in a Vietnam Counteroffensive campaign

2.  The applicant states the above awards are listed on his DA Form 20 (Enlisted Qualification Record), but they are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and DA Form 20.

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 (AUS) on 
6 February 1968. 

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Vietnam during the period 8 July 1968 to 7 July 1969;

   b.  item 38 (Record of Assignments) he served in Vietnam with Headquarters and Headquarters Detachment, 8th Transportation Group, during the period 
13 July 1968 to 29 June 1969 and later in Germany (U.S. Army Europe (USAREUR));

	c.  item 38 he received "excellent" conduct and efficiency ratings or "unknown" conduct and efficiency ratings during his assignments; and 

	d.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 26 January 1970, he was released from active duty after completing 
1 year, 11 months, and 21 days of active service.  His DD Form 214 shows:

	a.  he was awarded or authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); and

	b.  in item 30 (Remarks), part, the entry “USAREUR 8 JUL 68-7 JUL 69 USARPAC 18 AUG 69-26 JAN 70 USAREUR.”

5.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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.  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 during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive, Phase V, (1 July to 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)

   c.  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.

	d.  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. 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.

7.  Change Number 15 to Army Regulation 635-5 authorized an entry on the 
DD Form 214 to show Indochina or Korea service on or after 5 August 1964.  

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.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was eligible for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  Department of the Army general orders show the unit to which the applicant was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The available evidence shows the applicant served in Vietnam from 8 July 1968 to 7 July 1969.  Although Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his Vietnam service during the period 8 July 1968 to 7 July 1969 at this time.  This will also clarify the current entry in item 18, which is confusing.

5.  The available evidence confirms the applicant served in the AUS from 
8 February 1968 to 26 January 1970.  His records show he received "excellent" or "unknown" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 8 February 1968 to 26 January 1970 and correct his DD Form 214 to show this medal.

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 the period 
6 February 1968 to 26 January 1970; 

   b.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; 

     c.  deleting from item 30 of his DD Form 214 the entry “USAREUR 8 JUL     68-7 JUL 69 USARPAC 18 AUG 69-26 JAN 70 USAREUR”; and

   d.  adding to item 30 of his DD Form 214 the entry "Vietnam -- 8 July 1968 to 7 July 1969, Indochina - Yes, Korea - No" and “Germany 18 August 1969 to       26 January 1970.”



      _______ _  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)                                         AR20130006604



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ABCMR Record of Proceedings (cont)                                         AR20130006604



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