IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140004318 


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 the Republic of Vietnam  Campaign Medal with Device (1960).

2.  The applicant states he was stationed on Okinawa, but spent most of the time on temporary duty (TDY) in Saigon, Vietnam.  In 1967, he had a calibration team that went to Saigon for 1 month or 2 months.  In 1968, he was in liaison at Headquarters, Military Assistance Command, Vietnam (MACV), for 6 months.  He served in three campaigns.  At the time he did not think it was important until he applied for benefits from the Department of Veterans Affairs in 2013.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 9 January 1967.  He was awarded military occupational specialty 35H (ordnance calibration specialist).  He served on Okinawa from 7 September 1967 to 20 December 1967.  

3.  Headquarters, 2nd Logistical Command, issued the following orders:

* Letter Orders Number T11-1852, on 15 November 1967, placing him in a TDY status to Headquarters, MACV, for 60 days; he was assigned to this unit from 1 December 1967 through 5 February 1968, a period of 2 months and 4 days
* Letter Orders Number T5-466, on 9 May 1968, placing him in a TDY status to Headquarters, MACV, for 60 days plus from:

* 12 May 1968 through 6 July 1968, a period of 1 month and 24 days
* 10 July 1968 through 13 September 1968, a period of 2 months and 3 days
* 19 September 1968 through 19 November 1968, a period of 2 months

4.  He was honorably released from active duty in pay grade E-5 on 20 December 1968.  He was credited with completing 1 year, 11 months, and 12 days of net active service.  His DD Form 214 lists the National Defense Service Medal and Vietnam Service Medal.

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received all  "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Army Regulation 600-8-22 (Military Awards) state the Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

7.  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; for the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of service (a total of 7 months and 1 day in a TDY status) in Vietnam for award of the Republic of Vietnam Campaign Medal with Device 1960.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He received all "excellent" conduct and efficiency rating during his period of active duty and attained the rank of pay grade E-5.  Therefore, it appears he is entitled to the first award of the Army Good Conduct Medal (1st Award) for his period of service from 9 January 1967 to 20 December 1968 and its addition to his DD Form 214.

3.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

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 (1st Award) for the period 9 January 1967 to 20 December 1968
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _  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)                                         AR20140004318





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ABCMR Record of Proceedings (cont)                                         AR20140004318



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