BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018134 


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:

	a.  his foreign service in Vietnam and

	b.  award of the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states:

* he was awarded the Republic of Vietnam Campaign Medal with Device (1960), but it is not annotated on his DD Form 214
* he served in Vietnam from 21 April 1968 to 23 March 1969
* he is unable to enroll for Department of Veterans Affairs health care because his DD Form 214 is not annotated with this information

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* undated letter from the Health Eligibility Center 

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 3 May 1967.

3.  His DA Form 20 shows he arrived in Vietnam on 29 March 1968 and he served as a cargo handler assigned to the following units:

* 123d Transportation Company from 2 April 1968 to 18 June 1968
* 870th Transportation Company from 19 June 1968 to 23 March 1969

4.  Records show he participated in five campaigns during his assignment in Vietnam.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service with exception of one period of "unknown" ratings during advanced individual training (AIT).

6.  On 29 March 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 1 year, 10 months, and 27 days of total active duty service with no lost time.

7.  His DD Form 214 shows in:

* item 22c (Foreign and/or Sea Service) – 1 year and 1 day under the command of U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal, Vietnam Service Medal (VSM), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars
* item 30 (Remarks) – no entry for Vietnam service

8.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.
9.  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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

11.  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.

12.  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:

* 123d Transportation Company was awarded the Meritorious Unit Commendation (MUC) for actions during the period 6 December 1967 to 30 June 1968 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* 870th Transportation Company was awarded the MUC for actions during the period 7 March 1967 to 30 June 1968 by DAGO Number 39, dated 1970

13.  DAGO 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 to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant's DA Form 20 that shows he served in Vietnam from 29 March 1968 to 23 March 1969 is accepted as a sufficient basis for adding the entry "Vietnam Service:  29 March 1968 to 23 March 1969" to item 30 of his DD Form 214.

2.  Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He participated in five campaigns during his assignment in Vietnam which authorizes him award of the VSM with one silver service star.  His DD Form 214 should be corrected to show this silver service star.

4.  He was released from active duty in the temporary rank of sergeant with almost 23 months of total active service with no lost time.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 3 May 1967 through 29 March 1969 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 AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

5.  His two Vietnam units were each awarded the MUC during his period of assignment.  Therefore, his DD Form 214 should be corrected to show two awards of the MUC.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period.  Therefore, he is also entitled to correction of his DD Form 214 to show this unit 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 AGCM (1st Award) for the period 3 May 1967 through 29 March 1969;

	b.  deleting from his DD Form 214 the VSM;

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

* AGCM (1st Award)
* VSM with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* MUC (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

	d.  adding to item 30 of his DD Form 214 the entry:  "Vietnam Service:  29 March 1968 to 23 March 1969."



      ___________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)                                         AR20140018134



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ABCMR Record of Proceedings (cont)                                         AR20140018134



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