IN THE CASE OF: 

		BOARD DATE:	    8 April 2014

		DOCKET NUMBER:  AR20130014047 


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 add all awards to which he is entitled.

2.  The applicant states he served in Vietnam for 1 year (October 1964 to October 1965).  The Armed Forces Expeditionary Medal is the only award listed on his DD Form 214.  Nothing was ever mentioned about his Vietnam service.

3.  The applicant provides:

* Assignment memorandum 174, dated 27 July 1964
* Standard Form (SF) 1012a (Travel Voucher), dated 23 November 1965
* DA Form 1315 (Reenlistment Data Card), dated 1 March 1966
* Paper indicating passage tax
* 4 newspaper articles
* Vietnam service card
* 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 and entered active duty on 2 March 1964.  He held military occupational specialty 68G (Airframe Repairman) and attained the rank/grade of specialist four/E-4.

3.  Special Orders (SO) Number 71, issued by the 3rd Training Brigade (Basic Training), U.S. Army Training Center Armor, Fort Knox, KY, on 21 April 1964 show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 12 October 1964 to 11 October 1965 and served with 330th Transportation Company from 15 October 1964 to 11 October 1965.

5.  He was honorably released from active duty on 1 March 1966.  His DD Form 214 shows he completed 2 years of net active service of which 1 year was credited as foreign service in Vietnam.  Additionally, he was awarded or authorized the Armed Forces Expeditionary Medal.

6.  Army Regulation 600-8-22 (Military Awards) states:

	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.  Additionally, service members who earned the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 may elect to receive the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  However, no service member may be issued both medals for service in Vietnam.  This same regulation states 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 the following two campaigns:

* Vietnam Advisory Campaign (15 March 1962 - 7 March 1965)
* Vietnam Defense Campaign (8 March 1956 - 24 December 1965)

	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.  

	c.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

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:

	a.  Headquarters, U.S. Army Military Assistance Command and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Order (DAGO) Number 8, dated 1974.

	b.  the 330th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 October 1964 through 31 December 1965 by DAGO Number 3, dated 1967.  

8.  A review of his service records shows he had excellent conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 2 March 1964 through 1 March 1966.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  His military service qualifies him for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  His service in Vietnam qualifies for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to add this award.  

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the period of his service.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to add this badge.

5.  The applicant served honorably during the period 2 March 1964 through 
1 March 1966.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

6.  His service in Vietnam qualifies him for award of the Vietnam Service Medal with two bronze service stars for his participation in two campaigns.  Unfortunately, no service member may be issued the Armed Forces Expeditionary Medal and the Vietnam Service Medal for the same period of service in Vietnam.  The applicant may elect to receive the Vietnam Service Medal with two bronze service stars instead of the Armed Forces Expeditionary Medal by submitting a new application to the ABCMR.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
2 March 1964 through 1 March 1966
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20130014047





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ABCMR Record of Proceedings (cont)                                         AR20130014047



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