IN THE CASE OF:  	  

		BOARD DATE:  20 January 2015	  

		DOCKET NUMBER:  AR20140009157 


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 Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he is a Vietnam veteran and he was awarded the Purple Heart.

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 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 was inducted into the Army of the United States on 15 October 1964.  He completed his training and was awarded military occupational specialty 11B (light weapons infantryman).  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 30 December 1965.  He was assigned to Company A, 1st Battalion, 35th Infantry Regiment, from 31 December 1965 to 1 June 1966.  He participated in one campaign during his assignment in Vietnam.  His conduct and efficiency ratings were "excellent" throughout his service with the exception of the period he was in a patient status during which his conduct and efficiency ratings were recorded as "unknown."

3.  On 16 September 1966, he was honorably released from active duty in the rank of specialist four after completing 1 year, 11 months, and 2 days of creditable active service with no lost time.

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

* Combat Infantryman Badge
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  There is no evidence showing the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

6.  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 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.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.

8.  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.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months in Vietnam but:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

9.  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 the 1st Battalion, 35th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January 1966 to 1 August 1967 by Department of the Army General Orders (DAGO) 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows Company A, 1st Battalion, 35th Infantry Regiment, was awarded the:

* Valorous Unit Award for actions on 15 March 1966 by DAGO 17, dated 1968
* Presidential Unit Citation for actions during the period 28-29 May 1966 by DAGO 51, dated 1968

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Vietnam from 30 December 1965 to 1 June 1966 and participation in one campaign, he is authorized award of the Vietnam Service Medal with one bronze service star.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he was evacuated from Vietnam prior to completing 6 months of service due to wounds received in action on 29 May 1966.  Therefore, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this medal.

3.  His unit in Vietnam was awarded the Valorous Unit Award, Presidential Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He was honorably released from active duty in the rank of specialist four with 23 months of total active service and no lost time.  He received "excellent" conduct and efficiency ratings throughout his service with the exception of the period he was in a patient status and he had no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 October 1964 through 16 September 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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 Army Good Conduct Medal (1st Award) for the period 15 October 1964 through 16 September 1966 and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation


* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140009157



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ABCMR Record of Proceedings (cont)                                         AR20140009157



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