BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002329 


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 records to show he served in Vietnam during five campaigns
* award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal

2.  The applicant states – 

* his records show he served during only three campaign periods, omitting the last two campaigns during his second tour period 
* revisions of regulations or directives allow for his award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and internet printouts related to the Vietnam campaign periods, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal.

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 served on active duty in the Regular Army from 28 August 1967 through 2 April 1970 as a microwave radio repairman.  

3.  His DA Form 20 (Enlisted Qualification Record) shows he –

* was advanced to specialist four (SP4)/E-4
* served during three campaign periods
* served in Vietnam from 3 July 1968 through 31 March 1970
* was assigned to the 518th Signal Company with further attachment to:

* the 362nd Signal Company from 17 September 1968 through 21 October 1969
* Company E, 43rd Signal Battalion from 22 October 1969 through 31 March 1970

* had exclusively "excellent" conduct and efficiency ratings
* was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960)

4.  His 2 April 1970 DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

6.  Department of the Army General Orders 8 (DAGO 8) of 1974 authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973. 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  A review of the pamphlet did not indicate any of the units to which the applicant was assigned were awarded any unit citations during the periods he was assigned to them.  

8.  The internet printout provided by the applicant shows the following:

The Civil Actions Medal and the Civil Actions Unit Citation with Palm and Frame were two of the awards bestowed by the Republic of Vietnam to the armed forces of foreign militaries.

As a personal decoration, the Civil Actions Medal was awarded to the Republic of Vietnam Armed Forces’ and its Allies’ military personnel who performed outstanding achievements in the field of civil affairs.  The medal was awarded in two classes, with the first class intended for commissioned officers and the second class for enlisted personnel.  Individuals who were cited received the medal and a citation.  

The first Civil Actions Medal was awarded without a ribbon device.  Each additional award of the medal had one of four devices representing four levels an individual was cited from; a large palm indicated a citation from the Armed Forces level.  Subsequent award devices were attached on service and suspension ribbons of the medal.  The unit citation emblem has a small palm and gold frame –

* Palm - Armed Forces level
* Gold Star - Corps level
* Silver Star - Division level
* Bronze Star - Brigade or Regiment level 

The Civil Actions Medal Unit Citation Emblem was awarded to all members of a military command (unit) who had participated in civic actions with such a degree that normally would warrant the presentation of the Vietnam Civil Actions Medal.  The unit citation emblem appeared as the Vietnam Civil Actions Medal (First Class only) service ribbon with a bronze palm enclosed in a gold frame.  Regulations permit the simultaneous presentation and display of both the full medal and unit award.  

The Civil Actions Unit Citation was awarded to members of cited units of the United States Army and United States Marine Corps which had participated in local police actions to suppress civil unrest in certain areas of South Vietnam.  Only one unit citation emblem with palm and frame could be worn on the service uniform.  No medal is authorized for this citation.  

9.  Army Regulation 672-5-1 (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; 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 the following:

   a.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following five campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970, 1 November 1969 - 30 April 1970.
   
   b.  Award of all personal and unit decorations require formal recommendations, approval through the chain of command, and announcement in orders.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 lists only three of the five campaign periods he was credited with participating in during his service in Vietnam.  Recognition of the campaign periods is denoted by adding a bronze service star for each campaign period to the Vietnam Service Medal.  A silver service star is used in lieu of five bronze service stars.  

2.  Since his DD Form 214 does not show any service stars on his Vietnam Service Medal, it would be appropriate to delete the "Vietnam Service Medal" from his DD Form 214 and replace it with the "Vietnam Service Medal with one silver service star."

3.  DAGO 8 of 1974 authorized retroactive award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units not previously individually awarded this citation.  Based on this authorization, it is appropriate to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's authorized awards and include it on his DD Form 214.

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his honorable service in Vietnam, conduct and efficiency ratings, and advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 28 August 1967 through 2 April 1970 and include it on his DD Form 214.  

5.  The applicant has not provided, and the record does not contain, any evidence that shows he was cited for either a personal award of the Republic of Vietnam Civil Actions Honor Medal or a unit award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, correction of his records to show either of these awards is not warranted.

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 the applicant the Army Good Conduct Medal for his period of service from 28 August 1967 through 2 April 1970;

	b.  deleting the "Vietnam Service Medal" from his DD Form 214;

	c.  adding to his DD Form 214 the following additional awards –

* Army Good Conduct Medal
* Vietnam Service Medal with one silver star
* Republic of Vietnam 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 Republic of Vietnam Civil Actions Honor Medal or the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140002329



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ABCMR Record of Proceedings (cont)                                         AR20140002329



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