IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140018751 


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 Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states he served in Vietnam from 30 August 1970 to 7 March 1971.

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 17 March 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 30 August 1970 and he served as a wireman assigned to Battery A, 5th Battalion, 4th Artillery Regiment, 1st Brigade, 5th Infantry Division, from 14 September 1970 through 7 March 1971.  He departed Vietnam on or about 8 March 1971.

4.  Records show he participated in one campaign 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.

6.  On 8 March 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 11 months, and 22 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, 5 months, and 15 days 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, Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16), and Vietnam Service Medal (VSM)
* item 30 (Remarks) – Vietnam service from 30 August 1970 to 7 March 1971

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 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.  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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is worn on the VSM for each credited campaign.

	b.  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.

11.  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 5th Battalion, 4th Artillery Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February-30 April 1971 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

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

3.  He was released from active duty in the rank of specialist four with almost 24 months of total active service with no lost time.  It appears he met the eligibility criteria for award of the AGCM (1st Award) for the period 17 March 1969 through 8 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected 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 17 March 1969 through 8 March 1971,

	b.  deleting award of the VSM from his DD Form 214, and

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

* AGCM (1st Award)
* VSM with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20140018751



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ABCMR Record of Proceedings (cont)                                         AR20140018751



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