IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130014285 


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 her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states her service in Vietnam qualifies her for this award and she would like it added to her DD Form 214.

3.  The applicant provides her 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 on 6 October 1967 and held military occupational specialty 71L (Administrative Specialist).  The highest rank/grade she attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  Her DA Form 20 (Enlisted Qualification Record) shows she was assigned in Vietnam from 20 October 1968 to 19 October 1969 and served with the Adjutant General Company, United States Army Vietnam (USARV) from 20 October 1968 to 17 October 1969. 

4.  General Orders (GO) Number 3658, issued by Headquarters, USARV, on 
26 September 1969 awarded her the Army Commendation Medal for service from October 1968 to October 1969.

5.  She was honorably discharged from active duty on 16 January 1970.  Her 
DD Form 214 shows she completed 1 year, 5 months, and 22 days of net active service during the period under review, of which 1 year was credited as foreign service.  Her DD Form 214 also shows she was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One overseas service bar

6.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Headquarters, USARV and its subordinate units  were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by DAGO Order Number 8, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign for which a member receives participation credit.  Appendix B shows that during her service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

8.  A review of her service records shows she 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 her from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
6 October 1967 through 16 January 1970.

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.

10.  Army Regulation 670-1 (Wear and Appearance of the Military Uniform) states one overseas service bar is authorized for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival to, and departure from Vietnam are counted as whole months for credit toward the overseas service bar. 

DISCUSSION AND CONCLUSIONS:

1.  GO awarded her the Army Commendation Medal; therefore, she is entitled to correction of her DD Form 214 to add this award.

2.  Her unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, she is entitled to correction of her 
DD Form 214 to add this unit award.

3.  The evidence of record shows she participated in four campaigns while serving in Vietnam; therefore, she is entitled to correction of her DD Form 214 to show four bronze service stars affixed to her previously-awarded Vietnam Service Medal.

4.  She served honorably during the period 6 October 1967 through 16 January 1970.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify her for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in her record to indicate that her commander denied her this award and she received “excellent” conduct and efficiency ratings.  It appears she met the criteria for this award.  Therefore, she is entitled to award of the Army Good Conduct Medal (1st Award) and correction of her DD Form 214 to add this award.

5.  The evidence of record shows she served in Vietnam for 1 year; however, her DD Form 214 only shows one overseas service bar.  Army regulation states Soldiers are entitled to one overseas service bar for each 6-month period active Federal service as a member of a U.S. Service in Vietnam, from 1 July 1958 to 28 March 1973.  Therefore, she is entitled to correction of her DD Form 214 to show two overseas service bars.

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 her the Army Good Conduct Medal (1st Award) for the period 
6 October 19678 through 16 January 1970
* deleting from her DD Form 214 for the period ending 16 January 1970 the Vietnam Service Medal and one overseas service bar
* adding to her DD Form 214 for the period ending 16 January 1970 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two overseas service bars



      _______ _   _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)                                         AR20130014285





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ABCMR Record of Proceedings (cont)                                         AR20130014285



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