IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140019583 


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 the full name of the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that the above awards are not shown on his DD Form 214 or DD Form 215 (Correction to the DD Form 214).

3.  The applicant provides copies of his DD Form 214, DD Form 215, and a National Personnel Records Center (NPRC) awards authorization letter.

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 served on active duty from 1 June 1965 through 31 May 1967. 

3.  His DA Form 20 (Enlisted Qualification Record) shows –

* advancement to specialist four on 29 June 1966
* service in Vietnam from 19 January 1966 through 13 January 1967
* award of the military occupational specialty 35K (Avionics Mechanic)
* service in Vietnam with the 17th Aviation Company 
* conduct and efficiency ratings of exclusively "excellent"
* award of the Vietnam Service Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Aircraft Crewman's Badge
* no lost time

4.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

5.  The applicant's DD Form 214 lists his awards as the "Vietnam Service Medal w/1 Bronze Service Star; National Defense Service Medal; Republic of Vietnam Campaign Medal; Aircraft Crewman's Badge; Sharpshooter (Rifle)."

6.  On 20 October 2011, a DD Form 215 was issued adding the Air Medal to his authorized awards.

7.  The 23 December 2011 NPRC letter awards authorization letter shows the applicant's authorized awards as the "Air Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal W/Device (1960), Sharpshooter Badge with Rifle Bar, Army Aviation - Aircraft Crewman's Badge."

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 17th Aviation Company it was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation.  
 
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 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966; and the Counteroffensive Phase II, 1 July 1966 - 31 May 1967.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in priority sequence and abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  As such, it is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 1 June 1965 through 31 May 1967.

2.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct his DD Form 214 to show these appurtenances.

3.  The applicant is also shown to be authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

4.  The applicant's DD Form 214 does not show the complete name for several of his awards and the DD Form 215 did not correct all of the omissions.  Since the applicant is specifically requesting the complete names for his awards to be shown, it would be appropriate to delete all of the award entries on the DD Form 

214 and void the DD Form 215; replacing them with the complete names of all of his awards as the –

* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding the applicant the Good Conduct Medal for the period of service from 1 June 1965 through 31 May 1967; 

	b.  voiding the 20 October 2011 DD Form 215;

	c.  deleting from the 31 May 1967 DD Form 214 all awards; and

   d.  issuing the applicant a DD Form 215 showing his authorized awards as –
   
* Air Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _______ _   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)                                         AR20140019583



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ABCMR Record of Proceedings (cont)                                         AR20140019583



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