BOARD DATE:    25 February 2014

		DOCKET NUMBER:  AR20130010702 


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 the:

* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states he is authorized these awards and wants them added to his DD Form 214.
 
3.  The applicant provides:

* DD Form 214
* DA Form 1577 ( Authorization for Issuance of Awards), dated 
25 November 1991
* Oakland County, Michigan, Pontiac Office, Veterans Counselor letter, dated 30 May 2013

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 12 September 1966.  He held military occupational specialty (MOS) 62E (Construction Machine Operator).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Overseas Service)  he served in the U.S. Army Pacific (USARPAC) (Thailand) from 21 March 1967 through 13 June 1968.

	b.  item 38 (Record of Assignments) he was assigned to Company D, 528th Engineer Battalion (USARPAC) from 1 April 1967 through 9 June 1968.

	c.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign 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 14 June 1968 as a specialist five (SP5)/E-5.  His DD Form 214 lists his awards as the National Defense Service Medal.

6.  He provides a DA Form 1577 showing he was authorized the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.  

7. 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 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.  

8.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand.

9.  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 (MACV) and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

2.  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 SP5.  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.

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

4.  The governing regulation states that bronze service stars are not authorized on the Vietnam Service Medal when awarded for service in Thailand.  Although the DA Form 1577 indicated he was authorized bronze service stars four bronze service stars are not authorized for wear on his Vietnam Service Medal.  

5.  The applicant requested correction of his DD Form 214 to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  There is no evidence showing his unit in Thailand was a subordinate unit of either MACV or USARV.  His DD Form 214 should not be corrected to show this unit award. 


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 him the Army Good Conduct Medal (1st Award) for the period
12 September 1966 to 14 June 1968; and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (196)
* Expert Marksmanship Qualification Badge with Rifle Bar 

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 showing he was awarded the 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)                                         AR20120014084



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ABCMR Record of Proceedings (cont)                                         AR20130010702



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