BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130016710 


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 award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he was assigned to temporary duty in Vietnam and received hostile fire pay for May and June 1965.

3.  The applicant provides a copy of a pay reimbursement voucher and a certificate.

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 served on active duty from 23 October 1963 through 20 October 1965 in military occupational specialty 52B (Power Generator Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information:

* service in Okinawa from 22 April 1964 through 15 October 1965
* all “excellent” conduct and efficiency ratings throughout his service
* award of the Parachutist Badge and the Expert Marksmanship Qualification Badge with Rifle Bar

4.  His DD Form 214 (Report of Transfer or Discharge) provides the following 

* he completed 1 year, 11 months, and 28 days of total active service
* 1 year, 5 months, and 24 days of foreign service in USARPAC
* award of the Parachutist Badge and the Expert Marksmanship Qualification Badge with Rifle Bar

5.  The DA Form 2139 (Military Pay Voucher) the applicant provides for the period 1-31 August 1965 shows he received hostile fire pay (HFP) for temporary duty in Vietnam from 12 May through 13 June 1965.  He also provided a certificate showing he was attached to the 173rd Airborne Brigade during this period.

6.  The applicant's record contains no derogatory entries, disciplinary actions, or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Amy Good Conduct Medal.

7.  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 the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal 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, 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.

9.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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, the applicant participated in the following campaign:

* Vietnam Defense Campaign (8 March - 24 December 1965)

	b.  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.  

		c.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not serve in Vietnam the required 6 months for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is not entitled to this award 

2.  He served during a period for which the National Defense Service Medal is authorized.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant met the eligibility requirements for award of the Vietnam Service Medal for his period of service in Vietnam.  He also participated during one campaign phase.  Therefore, he is entitled to the Vietnam Service Medal with one bronze service star and correction of his DD Form 214 to show this award.


4.  The applicant distinguished himself by his consistent “excellent” conduct and efficiency ratings throughout his service.  Additionally, his record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate at this time to award the applicant the Amy Good Conduct Medal (1st award) for his period of service from 23 October 1963 through 22 October 1964 and to correct his DD Form 214 to show this award.

5.  Additionally, all units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  awarding the applicant the Amy Good Conduct Medal (1st award) for his period of service from 23 October 1963 through 220 October 1964 and
   
   b.  adding to his DD Form 214 the:
   
* Army Good Conduct Medal (1st award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Republic of Vietnam Campaign Medal with Device (1960).



      _________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)                                         AR20130016710



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ABCMR Record of Proceedings (cont)                                         AR20130016710



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