IN THE CASE OF: 

		BOARD DATE:	    24 July 2014

		DOCKET NUMBER:  AR20130020203 


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:

	a.  the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and

	b.  the entry "Ref (Reference) Item 22a (Statement of Service/Creditable for Basic Pay Purposes): EM (Enlisted Member) signed a statement waiving VA (Veterans Affairs) Benefits on 24 March 1972" be removed from item 
30 (Remarks) of his DD Form 214. 

2.  The applicant states:

* he served in Vietnam for over 8 months
* he was given an honorable discharge due to reduction in force, not due to any misconduct
* he was separated early due to force reduction and is now being told he has no VA benefits for serving in Vietnam  

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record)
* 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 on 18 January 1971.  He arrived in Vietnam on 1 July 1971.  His DA Form 20 shows he served as a radio operator assigned to the following units in Vietnam:

* Headquarters and Headquarters Company (HHC), 1st Battalion, 22nd Infantry from 11 July 1971 to 20 January 1972
* HHC, 184th Ordnance Company from 21 January 1972 to 24 March 1972 

3.  He was honorably released from active duty on 24 March 1972.

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 

5.  Item 30 of his DD Form 214 includes the entry "Ref Item 22a: EM signed a statement waiving VA Benefits on 24 March 1972." 

6.  The available records do not contain a VA waiver.

7.  Records show he participated in two campaigns during his assignment in Vietnam.

8.  There is no evidence the applicant received the Army Good Conduct Medal (AGCM) (1st Award).  Item 38 (Record of Assignments) of his DA Form20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included assignment in Vietnam for 6 months or more.  

11.  Army Regulation 600-8-22 further states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  There is no provision to show entries pertaining to VA waivers in item 30 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Vietnam from 1 July 1971 to 24 March 1972, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal.   

2.  Since there is no evidence which shows the applicant signed a VA waiver, and the governing regulation does not authorize entries pertaining to VA waivers for item 30 of the DD Form 214, it would be appropriate to remove the entry "Ref Item 22a: EM signed a statement waiving VA Benefits on 24 March 1972" from item 30 of his DD Form 214.

3.  He was honorably released from active duty in the rank of specialist four with 14 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 18 January 1971 through 24 March 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded this medal and his DD Form 214 should be corrected to show this medal.

4.  He participated in two campaigns during his assignments in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 AGCM (1st Award) for the period 18 January 1971 through 24 March 1972;  

	b.  adding the Republic of Vietnam Campaign Medal with Device (1960), AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214; and

	c.  deleting the entry "Ref Item 22a: EM signed a statement waiving VA Benefits on 24 March 1972" from item 30 of his DD Form 214.



      ___________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)                                         AR20130020203



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ABCMR Record of Proceedings (cont)                                         AR20130020203



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