BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140005045 


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 the Republic of Vietnam Campaign Medal with Device (1960) and his expert qualification be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
18 February 1966.

2.  The applicant states the Department of Defense (DOD) didn't authorize the Republic of Vietnam Campaign Medal with Device (1960) for award to U.S. Armed Forces personnel until after his discharge. 

3.  The applicant provides 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 27 February 1964, he was inducted into the Army of the United States.  

3.  Headquarters, 2nd Training Regiment, Fort Dix, NJ Special Orders Number 103, 18 May 1964, show he qualified with the M-14 rifle and awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  He was assigned to the 504th Military Police (MP) Battalion in the Republic of Vietnam from 13 August 1965 to 12 February 1966, a period of 6 months.  He participated in two campaigns.

5.  Headquarters, 504th MP Battalion (Army), Fort Lewis, WA Special Order Number 118, dated 6 August 1965, show he qualified with the M-14 rifle and awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 18 February 1966, he was released from active duty.  He completed 
1 year, 11 months, and 22 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 350-38 (Standards in Training Commission) provides commanders with the training strategies for individual, crew, and collective weapons training.  The pamphlet is structured by unit type (e.g., Armor, Infantry, Artillery, Military Police, etc.) instead of by weapon type; however, the basic requirements call for annual (or sooner) qualification with individual weapons.  This means, in effect, the most recent qualification score with a particular weapon denotes the degree of marksmanship badge the Soldier is eligible to wear.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  


	a.  During the time of the applicant’s assignment to the 504th MP Battalion the unit was awarded the Meritorious Unit Commendation for the period September 1965 - July 1966 by Department of the Army General Orders (DAGO) Number 30 dated 1968.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The National Defense Service Medal is awarded for honorable active service between 1 January 1961 and 14 August 1974.  

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States.  It was awarded for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  Based on his service with the 504th MP Battalion, he is authorized the Meritorious Unit Commendation.

2.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 27 February 1964 to 18 February 1966 ending with termination of a period of Federal military service.


3.  He served honorably between 1 January 1961 and 14 August 1974.  Therefore, he is authorized the National Defense Service Medal.

4.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his already-awarded  Vietnam Service Medal.

5.  He served 6 months in the Republic of Vietnam.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and it should be added to his DD Form 214.

6.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  His latest qualification with the M-14 rifle was expert.  Therefore, the correct badge to be entered on his DD Form 214 is the Expert Marksmanship Qualification Badge with Rifle Bar.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for service from 27 February 1964 to 18 February 1966; and

	c.  adding to his DD Form 214 the:
* Meritorious Unit Commendation 
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar




      _________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)                                         AR20140005045



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ABCMR Record of Proceedings (cont)                                         AR20140005045



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