IN THE CASE OF:	  

		BOARD DATE:	    10 April 2014

		DOCKET NUMBER:  AR20130013975 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 1 year of foreign service and that he earned the Republic of Vietnam Campaign Medal (RVNCM) with Device 1960.

2.  The applicant states his administrative unit failed to include his foreign service and the RVNCM 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 enlisted in the Regular Army (RA) on 21 May 1970.  He was trained in and awarded military occupational specialty 76R (Missile Repairman Parts Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with the 148th Supply and Service Company, from 22 November 1970 to 21 November 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows all of his conduct and efficiency ratings were “excellent”.

4.  His Army Military Human Resource Record (AMHRR) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Item 41 (Awards and Decorations) of his DA Form 20 shows he earned the Expert Marksmanship Qualification Badge with M-14 Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar.

5.  On 19 January 1972, the applicant was honorably released from active duty with 1 year and 8 months of total active service.  Item 22c (Foreign and/or Sea Service) includes an entry which shows he served in the United Sates Army Pacific (USARPAC).  It also includes the entry "0 0 0" which would indicate he completed no foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the National Defense Service Medal and Vietnam Service Medal (VSM).  Item 30 (Remarks) includes the entry "Vietnam Service:  22Nov70 – 21Nov71."

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states for:

* item 22c, enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed
* item 24, enter all decorations, service medals, campaign credit, and badges awarded or authorized


8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  

   a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that a bronze service star is authorized for the member's participation in each Vietnam campaign.  Appendix B shows the following two campaigns for the period of the applicant's service in the RVN:

* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)
* Consolidation I (1 July 1971 – 31 November 1971)

	b.  Paragraph 9-13 contains guidance on award of the RVNCM.  It states that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualifying 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing Soldiers' eligibility for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the Vietnam his unit (148th Supply and Service Company) earned the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he completed 1 year of service in the RVN with the 148th Supply and Service Company, from 22 November 1970 to 21 November 1971, and that based on this service he earned the RVNCM, RVN Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded VSM.  Therefore, it would be appropriate to add this service and these awards to his DD Form 214.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  His record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 21 May 1970 through 19 January 1972.

3.  His DA Form 20 confirms the applicant qualified "expert" with the M-14 rifle and "sharpshooter" with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show these weapon qualification badges.

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
21 May 1970 through 19 January 1972;

	b.  adding to item 12c of his DD Form 214 1 year of foreign service; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Expert Marksmanship Qualification Badge with M-14 Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar




      _______ _   _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)                                         AR20130013975





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ABCMR Record of Proceedings (cont)                                         AR20130013975



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