IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140014362 


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, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states his Vietnam service was questioned when he applied for a memorial brick and was told that there was no proof of his service in Vietnam because his medals were not listed on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and DA Form 1577 (Authorization for Issuance of Awards).

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                  17 September 1968.  He successfully completed training and he was awarded military occupational specialty 11C (Fire Crewman).  Evidence shows he served in the Republic of Vietnam from 9 February to 8 August 1969 (a period of 181 days).  He served with Headquarters and Headquarters Company, 3rd Battalion, 39th Infantry Regiment from 1 March to 25 June 1969 and Company E, 3rd Battalion, 39th Infantry Regiment from 26 June to 8 August 1969.

3.  The applicant's record contains:

   a.  Special Orders Number 288, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 13 November 1968, which  show he qualified for award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14); and

   b.  Special Orders Number 77, issued by Headquarters, 9th Infantry Division, dated 18 March 1969, which awarded him the Combat Infantryman Badge.
   
4.  Item 38 (Record of Assignments) of his DA Form 20 (Personnel Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 9 September 1970, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 11 months, and 23 days of total active service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer - Fall 1969

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 39th Infantry Regiment, his unit was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969;

   b.  Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 43, dated 1970, amended by DAGO Number 59, dated 1969.

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar has been carefully examined and found to have partial merit.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) and the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these badges.
3.  The evidence of record confirms he served honorably during the period 17 September 1968 through 9 September 1970.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 
17 September 1968 through 9 September 1970 and to correct his DD Form 214 to show this medal.

4.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in three campaigns during his service in Vietnam.  Therefore, he is authorized the Vietnam Service Medal with three bronze service stars and correction of his DD Form 214 to show this award.

5.  Department of the Army Pamphlet 672-3 shows his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit citations.

6.  Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial 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 17 September 1968 through 9 September 1970;
   
   b.  adding to his DD Form 214 the following:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Vietnam Service Medal with four bronze service stars.



      __________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)                                         AR20140014362





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ABCMR Record of Proceedings (cont)                                         AR20140014362



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