IN THE CASE OF:  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140005495 


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:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states:

	a.  His personnel service record and DD Form 214 contain omissions and injustices which do not accurately reflect his authorized awards.  He did not discover the errors until January 2013.

	b.  He is entitled to the AGCM.  His character of service reflects no derogatory information.  He was discharged under honorable conditions.

	c.  He is authorized two bronze service stars (two campaigns) with his VSM.

	d.  His DD Form 214 identifies only the "Vietnam Campaign Medal" and does not denote "with 60 device."

	e.  He is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant provides:

* DD Form 214
* letter from the National Personnel Records Center, dated 27 June 2013 
* DA Form 20 (Enlisted Qualification Record)
* U.S. Army Reserve discharge orders
* excerpts from Army Regulation 600-8-22 (Military Awards)
* documentation pertaining to the Republic of Vietnam Campaign Medal with Device (1960)
* excerpt from Department of Army Pamphlet 672-3 (Unit Campaign Participation and Credit Register)

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 enlisted in the Regular Army on 30 November 1964 for 3 years.  He arrived in Vietnam on 11 April 1966.  His DA Form 20 shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry Division, in Vietnam from 19 April 1966 to 10 April 1967.  He participated in two campaigns during his assignment in Vietnam.

3.  Records show nonjudicial punishment was imposed against him on 8 July 1966 for failing to obey a lawful order not to enter any building in the village of Lai Khê.

4.  Headquarters, 1st Infantry Division, General Orders Number 2877, dated 4 May 1967, awarded him the Army Commendation Medal (ARCOM).

5.  On 29 November 1967, he was honorably released from active duty in the temporary rank of specialist four after completing 3 years of creditable active service with no lost time.

6.  His DD Form 214 shows he was awarded or authorized the:

* Combat Infantryman Badge
* National Defense Service Medal
* VSM
* Marksman Marksmanship Qualification Badge with Rifle Bar
* "Vietnam Campaign Medal"

7.  There is no evidence the applicant was awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 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-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.

10.  Army Regulation 600-8-22 states 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 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.  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 2nd Battalion, 28th Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the temporary rank of specialist four with 3 years of creditable active service with no lost time.  Notwithstanding the nonjudicial punishment he received while serving in Vietnam, his commander still determined he had "excellent" conduct and efficiency ratings and it appears he met the eligibility criteria for the first award of the AGCM for the period 30 November 1964 through 29 November 1967 based on completion of 3 years of continuous enlisted active Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

2.  Orders show he was awarded the ARCOM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to the VSM with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

4.  His DD Form 214 shows the "Vietnam Campaign Medal" as an authorized award.  However, since this medal is properly known as the Republic of Vietnam Campaign Medal with Device (1960), it would be appropriate to correct his DD Form 214 to show award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  His unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the AGCM (1st Award) for the period 30 November 1964 through 29 November 1967; 

	b.  deleting award of the Vietnam Service Medal and "Vietnam Campaign Medal" from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* ARCOM
* AGCM (1st Award)
* VSM with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20140005495



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ABCMR Record of Proceedings (cont)                                         AR20140005495



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