IN THE CASE OF:	  

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130012029 


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 and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he earned the medals and would like to have them added to his official record.

3.  The applicant provides:

* DD Form 214
* Pages 2 and 4 of his DA Form 20 (Enlisted Qualification Record)
* Department of Military Affairs Claim Form

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 3 January 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 4 June 1968 through 3 June 1969, serving with Company D, 2nd Battalion, 28th Infantry Regiment for the period 
14 June 1968 through 13 January 1969 and Company D, 87th Infantry Regiment from 14 January to 2 June 1969.

3.  His record contains Special Orders Number 300, issued by Headquarters, 24th Infantry Division Forward, dated 27 October 1969, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 shows he was also awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on Special Orders Number 86, issued by Headquarters, U.S. Army Training Center Infantry and Fort Polk. 

5.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 shows his conduct and efficiency ratings as all "excellent."

6.  On 14 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His 
DD Form 214 shows he was awarded the:

* Combat Infantryman Badge
* National Defense Service Medal
* 2 overseas service bars  
* A marksmanship qualification badge with Rifle Bar (M-14)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company D, 2nd Battalion, 28th Infantry Regiment, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969;  

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO 53, dated 1970.

8.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:  

* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive

   b.  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.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these citations.
3.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show this award.

4.  He also served a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence of record confirms he served honorably during the period 3 January 1968 through 14 December 1969.  He received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 3 January 1968 through          14 December 1969 and to 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 that the evidence presented was 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
3 January 1968 through 14 December 1969;
   
   b.  deleting “M14” from his DD Form 214; and

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

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20130012029





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ABCMR Record of Proceedings (cont)                                         AR20130012029



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