IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20140000203 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with device (1960).

2.  The applicant states that he served in Vietnam; however, his awards are not listed on his DD Form 214. 

3.  The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and his Record of Induction.

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 23 June 1966.  He completed his basic training at Fort Polk, LA and his advanced individual training as a medical corpsman at Fort Sam Houston, TX before being transferred to Vietnam on10 March 1967 for assignment to the 51st Medical Company.

3.  He served in three campaigns and departed Vietnam on 5 March 1968 for assignment to Fort Campbell, KY where he remained until he was honorably released from active duty on 21 June 1968 due to the expiration of his term of service (ETS).  He had served 1 year, 11 months, and 29 days of creditable active service.

4.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the:

* National Defense Service Medal
* Combat Medical Badge 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Driver Badge

5  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

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

6.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows 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 the first award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.

8.  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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 July 1967 through 30 June 1968 by Department of the Army General Orders Number 28, dated 1969.

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign will be worn on the appropriate service medal including the Vietnam Service Medal.  

10.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO Number 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 Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period and was awarded the Vietnam Service Medal and the RVN Campaign Medal with Device (1960); therefore, he is entitled to have these awards added to his DD Form 214.

2.  The applicant served in three campaigns that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.
 
3.  After carefully examining the applicant’s record of service, it appears the applicant should have received the first award of the AGCM for his service from 23 June 1966 to 21 June 1968.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the first award of the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

4.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

5.  The applicant’s unit was awarded the MUC during the period he served with the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 (first award) for the period 23 June 1966 to 
21 June 1968
* Adding to his DD Form 214 the:

* Army Good Conduct Medal (first award)
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20140000203





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ABCMR Record of Proceedings (cont)                                         AR20140000203



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