IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140019752 


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 his authorized awards.

2.  The applicant states he served in the Republic of Vietnam (RVN) and qualified for award of the RVN Campaign Medal with Device (1960) and RVN Gallantry Cross with Palm Unit Citation.
 
3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center (NPRC).

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 on 28 July 1966.  He was awarded military occupational specialty 17A (Combat Surveillance and Target Acquisition Crewman).

3.  Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 128, dated 7 September 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Headquarters, 2nd Target Acquisition Battalion, 26th Artillery, Fort Bragg, NC, Special Orders Number 184, dated 10 October 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  His DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, in –

* item 31 (Foreign Service):  Vietnam from 15 October 1967 through 
6 January 1968
* item 38 (Record of Assignments) –

* C Battery, 2nd Target Acquisition Battalion, 26th Artillery, effective 
15 October 1967
* Tobyhanna Army Depot, PA, effective 6 February 1968

* item 39 (Campaigns):  Vietnam Counteroffensive Phase III
* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

6.  Headquarters, 8th Battalion, 4th Artillery, Letter Orders Number 1-3, dated 
6 January 1968, authorized the applicant 30 days emergency leave to return to the continental United States (CONUS), effective 6 January 1968, due to a family emergency.

7.  His DD Form 214 shows he was honorably released from active duty on 
26 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).

   a.  He had completed 1 year, 11 months, and 29 days of total active duty service this period that included 2 months and 22 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant.

9.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.

10.  In support of his request the applicant provides a copy of NPRC, St. Louis, MO, letter, dated 20 May 2014, in which the director notified the applicant that he was authorized the following awards –

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal (VSM) with 1 Bronze Service Star
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968).

	b.  The RVN 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.  Also eligible for this award are individuals who qualified for award of the Armed Forces Expeditionary Medal or VSM and served for less than 6 months of service but –

* were wounded as a result of hostile action 
* were captured by hostile forces, but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d shows Department of the Army General Orders (DAGO) Number 8, dated 19 March 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show all of his authorized awards, including the RVN Campaign Medal with Device (1960) and RVN Gallantry Cross with Palm Unit Citation.

2.  Records show the applicant served in the RVN from 15 October 1967 through 6 January 1968 before he returned to CONUS on emergency leave.

   a.  The evidence of record shows he was awarded the VSM and that he served for less than 6 months in the RVN.

   b.  There is no evidence of record that shows he is eligible for award of the RVN Campaign Medal with Device (1960) based on the qualifying criteria for service in the RVN of less than 6 months.

	c.  Thus, despite the correspondence issued by the Director, NPRC, the evidence of record fails to substantiate the applicant's entitlement to the RVN Campaign Medal with Device (1960).

	d.  Therefore, there is an insufficient evidentiary basis for authorizing award of the RVN Campaign Medal with Device (1960) to the applicant.


3.  The evidence of record shows:

   a.  the applicant qualified for award of the VSM and he participated in one campaign during his service in Vietnam.  Thus, he is authorized one bronze service star for wear on his already-awarded VSM;

   b.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

   c.  special orders awarded him the –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and

	b.  adding the following awards to item 24 of his DD Form 214 –

* Vietnam Service Medal with 1 Bronze Service Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

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




      _______ _  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)                                         AR20140019752



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ABCMR Record of Proceedings (cont)                                         AR20140019752



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