IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007227 


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, through his Member of Congress, award of the Republic of Vietnam Campaign Medal. 

2.  The applicant states he was not awarded a campaign ribbon. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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's records show he enlisted in the Regular Army (RA) on 27 November 1959 and he held military occupational specialty 626.10 (Construction Machine Operator). 
3.  Special Orders (SO) Number 19, issued by Headquarters, Fort Hood, TX, on 15 February 1960, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

4.  He served in France from 3 August 1960 to 29 October 1962.  He was assigned to the 510th Engineer Company and then Company A, 97th Engineer Battalion. 

5.  General Orders (GO) Number 43, issued by Headquarters, 97th Engineer Battalion on 22 October 1962, awarded him the Army Good Conduct Medal for service during the period 27 November 1959 through 26 November 1962. 

6.  He was honorably released from active duty on 2 November 1962 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations.   His DD Form 214 for this period of service shows he was awarded or authorized the Army Good Conduct Medal. 

7.  He enlisted in the RA on 12 December 1962.  He served in:

* Thailand, from 30 April 1963 to 12 April 1964; he was assigned to the 809th Engineer Battalion (Construction)
* Vietnam, from 13 May 1965 to 7 December 1965 (6 months and 25 days); he was assigned to the 864th Engineer Battalion (Construction)

8.  SO Number 108, issued by Headquarters, 864th Engineer Battalion (Construction) on 17 July 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

9.  He was honorably discharged on 12 December 1965.  His DD Form 214 for this period of service shows he was awarded or authorized the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar. 

10.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	b.  The Vietnam Campaign Medal (correctly known as 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.  

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the Vietnam Defense Campaign from 8 March 1965 to 24 December 1965 and the Vietnam Counteroffensive from 25 December 1965 to 30 June 1966, campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Department of the Army GO Number 17, dated 1968, awarded the 864th Engineer Battalion the Meritorious Unit Commendation for service from May 1965 to February 1967. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 13 May 1965 to 7 December 1965, a period of 6 months and 25 days.  This period of service qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214, ending on 12 December 1965, to show it.  

2.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Both unit awards should be listed on his DD Form 214 ending on 12 December 1965.

3.  The applicant was awarded the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214, ending on 12 December 1965, accordingly.

4.  The applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214, ending on 12 December 1965, accordingly.

5.  The applicant was previously awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, he is entitled to correction of his DD Form 214, ending on 12 December 1965, 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:

* deleting from his DD Form 214, ending on 12 December 1965, the Vietnam Service Medal
* adding to his DD Form 214, ending on 12 December 1965, the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)



      __________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)                                         AR20140007227





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ABCMR Record of Proceedings (cont)                                         AR20140007227



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