BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010109 


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 records by awarding him the Republic of Vietnam Campaign Medal with Device (1960) and Army Good Conduct Medal (AGCM).

2.  The applicant states his service in Vietnam qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960) and he believes he was qualified for award of the AGCM.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).

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 7 July 1966 for a period of 
3 years.  He completed basic training at Fort Polk, Louisiana and advanced individual training as an engineer equipment mechanic at Fort Leonard Wood, Missouri before being transferred to Vietnam on 11 February 1967 for assignment to Company B, 46th Engineer Battalion.

3.  He participated in three campaigns and departed Vietnam on 8 February 1968 for assignment to Germany where he remained until he was honorably released from active duty (REFRAD) on 6 July 1969 due to the expiration of term of service.  He had served 3 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, and Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  A review of his official records show he had “excellent” conduct and efficiency ratings throughout his entire enlistment and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.

5.  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 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.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  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 applicant’s unit was cited for awards of the Meritorious Unit Commendation (MUC) and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to have that award added to his DD Form 214. 

2.  The applicant served in three campaigns in Vietnam and he is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.

3.  The applicant served for 3 years and had “excellent” conduct and efficiency ratings throughout his service and his record contains no derogatory information that would serve to disqualify him for award of the AGCM.  Accordingly, he should be awarded the AGCM (1st Award) for the period 7 July 1966 to 6 July 1969 and by adding it to his DD Form 214.

4.  Additionally, the applicant’s unit was cited for awards of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have those awards added to his
DD Form 214.

BOARD VOTE:

____X____  ___X_____  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the award of the Vietnam Service Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 7 July 1966 to 6 July 1969
* Adding the awards of the Vietnam Service Medal with three bronze service stars, AGCM (1st Award), Republic of Vietnam Campaign Medal with Device (1960), MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20140010109



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ABCMR Record of Proceedings (cont)                                         AR20140010109



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