BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013793
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 award of the Republic of Vietnam Campaign Medal.
2. The applicant states the award of the Republic of Vietnam Campaign Medal is not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 1 May 1967. He completed basic training at Fort Benning, Georgia, and advanced individual training as an infantryman at Fort McClellan, Alabama, before being transferred to Vietnam on 20 September 1967 for assignment to the 2d Battalion, 39th Infantry Regiment.
3. He was promoted to pay grade E-5 on 1 August 1968. He departed Vietnam on 29 September 1968 for assignment to Fort Carson, Colorado.
4. On 30 April 1969, the applicant was honorably released from active duty due to the expiration of his term of service. He completed 2 years of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Purple Heart, Bronze Star Medal with "V" Device, and Army Commendation Medal with "V" Device and 2nd Oak Leaf Cluster.
5. A review of his official records shows he received "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.
7. Army Regulation 600-8-22 (Military Awards) states 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.
8. 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 2nd Battalion, 39th Infantry Regiment, was cited for award of the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). Accordingly, it should be added to his DD Form 214.
2. The applicant received all "excellent" conduct and efficiency ratings throughout his service. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 1 May 1967 through 30 April 1969 and to correct his DD Form 214 to show this award.
3. Additionally, his unit in Vietnam was cited for award of the PUC, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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 unit awards.
BOARD VOTE:
__X___ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* awarding him the AGCM (1st Award) for the period 1 May 1967 through 30 April 1969
* adding the following awards to his DD Form 214
* AGCM (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* PUC
* VUA
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130013793
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ABCMR Record of Proceedings (cont) AR20130013793
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