IN THE CASE OF: 

		BOARD DATE: 25 March 2014

		DOCKET NUMBER:  AR20130013144


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 Campaign Medal and any other authorized awards.

2.  The applicant states he served honorably and desires for his children and grandchildren to have his medals.  Every Vietnam veteran he knows got this medal because they served there.  He did not receive any Article 15's or courts-martial.  He had the ribbon but it is not listed on his record.

3.  The applicant provides copies of his DD Form 214 and an Army Review Boards Agency letter, dated 24 June 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 enlisted in the Regular Army on 16 February 1966.  He held military occupational specialty (MOS) 45H (Small Missile System Repairman).  

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

	a.  item 38 (Record of Assignments) that he was assigned to the 632d Heavy Equipment Maintenance Company, in Vietnam, from 3 June 1968 to 1 February 1969. 

	b.  item 41 (Awards and Decorations) that he was authorized the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

4.  His DA Form 20 shows all his conduct and efficiency ratings were “excellent.”

5.  He was honorably released from active duty on 3 February 1969 as a specialist five (SP5)/E-5.  He had completed 2 years, 11 months, and 17 days of creditable active duty service.  His DD Form 214 lists his authorized awards as the:

* “NDSM” [National Defense Service Medal]
* “VSM” [Vietnam Service Medal]
* “VCM” [Vietnam Campaign Medal]
* “Exp M-14” [Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14)]
* “1 o/s” (one overseas service bar)

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant. 

7.  A review of his records shows he is authorized additional awards not listed on his DD Form 214.

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 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) 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following three campaigns: 

* Counteroffensive Phase IV               2 April - 30 June 1968
* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969

10.  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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 20 January 196730 November 1968 by Department of the Army General Order (DAGO) Number 60, dated 1969.

11. DAGO 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 applicant’s DD Form 214 already shows award of the Vietnam Campaign Medal, albeit in abbreviated format.  For his clarification it should be spelled out.

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SP5 and "excellent" conduct and efficiency ratings.  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.  Records show he participated in three campaign periods during his service in the Vietnam.  Therefore, he is authorized three 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 Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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

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 
16 February 1966 to 3 February 1969; and 

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

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* three bronze service stars for wear on his already-awarded Vietnam Service Medal
* Vietnam Campaign Medal in lieu of the entry “VCM”
* 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130013144



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