BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140000176 


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 he was awarded or authorized the following awards:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) 
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) (RVNCM)

2.  The applicant states these medals are not reflected on his DD Form 214.

3.  The applicant provides a copy of 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 26 December 1963, the applicant enlisted in the Regular Army.  He completed his initial training as a petroleum storage specialist.

3.  He served in the RVN from on or about 7 June 1964 through 25 May 1965.

	a.  On 11 June 1964, he was assigned to the 61st Aviation Company.

	b.  On 1 November 1964, he was assigned to the 92nd Aviation Company.

4.  On or about 25 May 1965, the applicant departed the RVN and returned to the United States.

5.  On 14 December 1966, he was released from active duty in the rank/grade of specialist four/E-4.  He completed 2 years, 11 months, and 19 days of creditable active duty service with 1 day lost time.  His DD Form 214 indicates he received the following awards:

* National Defense Service Medal
* Armed Forces Expeditionary Medal (AFEM) (Vietnam)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were “excellent.”  His records do not contain any evidence of disciplinary action and there is no evidence that shows his commander took any action to deny him the Army Good Conduct Medal (AGCM).

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN 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.  The AFEM is authorized for qualifying service within the RVN from 1 July 1958 through 3 July 1965.  Upon request, the VSM may be authorized in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for service in the RVN.

	c.  The RVNCM 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 the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  Appendix B of this regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods:

* the Vietnam Advisory
* the Vietnam Defense

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 61st Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 3, dated in 1967, for award of the Meritorious Unit Commendation.  This publication also shows that the 92nd Aviation Company, during the period of the applicant’s assignment, was cited in DAGO Number 17, dated in 1968, for award of the Meritorious Unit Commendation.

10.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he was awarded or authorized the AGCM, the VSM, and the RVNCM.

2.  He served honorably from 26 December 1963 to 14 December 1966.  Notwithstanding his 1 day of lost time his records otherwise show he distinguished himself in the performance of his military duties, as evidenced by his attaining the rank of specialist four and by achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight and he should be awarded this medal.

3.  Records show that he served in the RVN from 7 June 1964 to 25 May 1965.  Accordingly, he is authorized the AFEM for this overseas service and it is currently reflected on his DD Form 214.  However, if he wishes, he may submit a request to receive the VSM with two bronze service stars providing he agrees to give up the AFEM.  He is not authorized to hold both awards for the same service.

4.  He served during a qualifying period for award of the RVNCM with Device (1960); therefore, his records should be corrected to show this award.

5.  Records show that each of his units (during his period of service in the RVN) was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show these two unit awards on his DD Form 214.

6.  Records show that his unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records 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 him the AGCM (1st Award) for the period 26 December 1963 to 
14 December 1966; and



	b.  amending his DD Form 214 by adding the following awards:

* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented was 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 adding the Vietnam Service Medal to 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)                                         AR20140000176





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ABCMR Record of Proceedings (cont)                                         AR20140000176



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