BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20130021717 


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) to show award of the:

* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* National Defense Service Medal

2.  He states that he served in the RVN from the end of August 1965 until the end of November 1965.  He needs his DD Form 214 to reflect the RVN Campaign Medal in order to file a disability claim with the Department of Veterans Affairs (VA).

3.  He provides his DD Form 214, Special Orders Number 335, a self-authored account of his reassignment to the RVN, and a partial history of the 1st Cavalry Division during the Vietnam War, 1965 - 1972.

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 2 December 1963.  He was awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 31 (Foreign Service) – is blank of an entry showing that he served in the RVN.

	b.  item 38 (Record of Assignment) – he was assigned to:

* 8th Engineer Battalion, 1st Cavalry Division Airmobile (AM) from 
16 August through 17 November 1965, Vietnam
* he received "excellent" conduct and efficiency ratings throughout his service

	c.  item 41 (Awards and Decorations) – he was awarded the:

* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle bar

4.  He was honorably released from active duty on 1 December 1965.  He completed 2 years of total active service, of which 3 months and 14 days was foreign service in the U.S. Army Pacific (RVN).

5.  His DD Form 214 shows he was awarded the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  He provides a summary of his tour in the RVN, wherein he states that he drove a 2.5 ton truck from An Khe to Qui Nhon once a week to pick up supplies during the period from August to November 1965.

7.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

8.  His record is void of any documentation to show the applicant was wounded as the result of hostile action during his tour in Vietnam.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated:

	a.  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, 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.

10.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The National Defense Service Medal was awarded for honorable active service for any period between 27 July 1950 and 27 July 1954 and 1 January 1961 and 14 August 1974, inclusive.

	b.  The RVN 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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

	c.  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 will be awarded for wear on the 
Vietnam Service Medal for participation in each credited campaign.  He participated in the Vietnam Defense Campaign, 8 March 1965 through 
24 December 1965.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he completed a qualifying period of service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

2.  The applicant received all "excellent" conduct and efficiency ratings during his service.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  The evidence shows he was previously-awarded the Vietnam Service Medal and that he participated in one campaign while serving in the RVN.  Therefore, he is entitled to award of one bronze service star for wear on his previously-awarded Vietnam Service Medal.

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  The fact that the applicant served in Vietnam in not in question; however, the available evidence shows that his tour of duty was approximately 3 months and there is no evidence to show his departure was due to an injury resulting from hostile action.  Award of the RVN Campaign Medal requires assignment of at least 6 months or more; therefore, he is not eligible for this award.

6.  In view of the above, the applicant should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 him the Army Good Conduct Medal (1st Award) for the period 
2 December 1963 through 1 December 1965;

   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.   adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN 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 RVN 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)                                         AR20130021717





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ABCMR Record of Proceedings (cont)                                         AR20130021717



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