IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130020006 


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) by adding the award of the Vietnam Service Medal.

2.  The applicant states that he served 4 months in Vietnam.

3.  The applicant provides no additional documents with his application.

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 on 
13 December 1963.  He completed his basic training at Fort Knox, KY and was transferred to Fort Benning, GA to undergo his training as a light weapons infantryman.

3.  He completed his training and he was transferred to Company A, 2nd  Battalion, 5th Cavalry Regiment, 1st Cavalry Division.

4.  On 15 August 1965, he was transferred to Vietnam with his unit and served in Vietnam in one campaign until 8 November 1965 when he was transferred to Tripler Army Medical Center in Hawaii where he remained until 24 December 1965 when he was transferred to Oakland Army Base, CA and he was honorably released from active duty (REFRAD) on 24 December 1965 due to the expiration of his term of service (ETS).  He had served 2 years and 12 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded only his marksmanship awards.

5.  A review of his official record shows that he received all “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the first award of the Army Good Conduct Medal.

6.  Army Regulation 600-8-22 (Military Awards) states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.  

8.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) 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.  
9.  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 his unit was cited for the following awards during his period of assignment:

* Presidential Unit Citation for the period 2 October through 26 November 1965 by Department of the Army General Orders DAGO Number 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in one campaign during a qualifying period for award of the Vietnam Service Medal with one bronze service star; therefore, his DD Form 214 should be corrected to show this award. 

2.  He also served during a qualifying period for award of the NDSM.  Therefore his DD Form 214 should also be corrected to show this award.

3.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 13 December 1963 to 24 December 1965.  Accordingly, it should be awarded at this time and added to his DD Form 214. 

4.  Additionally, his unit was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit; therefore, he is entitled to have these unit awards added to his DD Form 214.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the AGCM (1st award) for the period 13 December 1963 to 24 December 1965
* Adding to his DD Form 214 the awards of the:

* Vietnam Service Medal with one bronze service star
* Army Good Conduct Medal (1st award)
* National Defense Service Medal
* Presidential Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20130020006





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130020006



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1