BOARD DATE:	  27 May 2014585874

		DOCKET NUMBER:  AR20130016566 


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 the following be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 December 1967:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* his dates of service in the Republic of Vietnam

2.  The applicant states the above entries were not made on his DD Form 214.

3.  The applicant provides 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.  On 10 December 1965, he was inducted into the Army of the United States.  

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA Special Orders Number 26, dated 2 February 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to Headquarters and Headquarters Detachment (HHD), 
13th Combat Aviation Battalion in the Republic of Vietnam from 4 January to 
29 November 1967.  He was promoted to specialist four on 7 March 1967.

5.  On 1 December 1967, he was released from active duty.  He completed
1 year, 11 months, and 22 days of active service that was characterized as honorable.  His DD Form 214 shows he is authorized the National Defense Service Medal.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Additionally, there is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant's assignment to HHD, 13th Aviation Battalion the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 1 March 1966 - 26 March 1967
* 27 March 1967 - 17 May 1968

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal was 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he participated in the:

* Vietnam Counteroffensive Phase II Campaign (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III Campaign (1 June 1967 -29 January 1968) 

	c.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

9.  Interim Change Number 11, dated 26 January 1970, to Army Regulation 
635-5 (Separation Documents), dated 23 January 1967, stated the inclusive dates of service in Vietnam during the current period of service were to be entered in item 30 (Remarks) of an individual's DD Form 214.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 December 1965 to 1 December 1967 ending with termination of a period of Federal military service.
2.  Based on his service with HHD, 13th Combat Aviation Battalion in the Republic of Vietnam he is entitled to the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)

3.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Interim Change Number 11 to Army Regulation 635-5, dated 23 January 1967, stated the inclusive dates of service in Vietnam during the current period of service were to be entered in item 30 of the DD Form 214.  Therefore, as an exception to policy, it would be appropriate to add the dates of his service in Vietnam, from 4 January to 29 November 1967, to item 30 of his DD Form 214.

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 of service 10 December 1965 to 1 December 1967.

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two 	awards)
* Republic of Vietnam Campaign Medal with Device (1960)
	c.  Adding the following entry to item 30 of his DD Form 214:  "Vietnam Service:  4 January 1967 to 29 November 1967."




      _______ _   _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)                                         AR20130016566



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ABCMR Record of Proceedings (cont)                                         AR20130016566



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