IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001021 


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 Gallantry Cross.

2.  The applicant states the Republic of Vietnam Gallantry Cross was awarded to all military personnel who served in Vietnam.

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.  The applicant was inducted into the Army of the United States on 16 February 1965.
3.  He served in the Republic of Vietnam during the period 4 January 1966 through on or about 31 December 1966.  While in Vietnam, he was assigned to:

* Company B, 65th Engineer Battalion from 4 January 1966 to 27 March 1966
* Company E, 65th Engineer Battalion from 28 March 1966 to 31 December 1966

4.  On 19 November 1966, he accepted nonjudicial punishment under the provisions of Article 15 for loitering while posted as a sentinel.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  On 6 January 1967, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar

7.  There is no evidence of a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  He participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)

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 Company B, 65th Engineer Battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971
* Valorous Unit Award for the period January to April 1966 by DAGO Number 20, dated 1967

10.  Army Regulation 672-5-1 (Decorations and 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 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the unit to which the applicant was assigned while in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The applicant served honorably during the period 16 February 1965 through 6 January 1967.  He received NJP for a minor offense, but it appears this did not affect his overall conduct and efficiency ratings.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He served in the Republic of Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.



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:

* awarding him the Army Good Conduct Medal (First Award) for the period 16 February 1965 through 6 January 1967
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding the following to his DD Form 214:

*	Army Good Conduct Medal
*	Vietnam Service Medal with 2 bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
*	Valorous Unit Award



      _____________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)                                         AR20140001021



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ABCMR Record of Proceedings (cont)                                         AR20140001021



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