IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020380 


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 (RVN) Campaign Medal. 

2.  The applicant states:

* he served in Vietnam from 14 January to 22 December 1971 and he did not receive an RVN ribbon or the RVN Campaign Medal
* he needs the above awards added to his DD Form 214 so he can get benefits from the Department of Veterans Affairs (VA) Hospital in West Haven, CT
* he has included a copy of his DD Form 214 to show his Vietnam service
* he only received the Vietnam Service Medal

3.  The applicant provides 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 2 April 1970.  He completed the training requirements and he was awarded military occupational specialty 36K (Field Wireman).  

3.  He served in Vietnam from 14 January to 22 December 1971 while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery Regiment, 101st Airborne Division.  

4.  His DA Form 20 (Enlisted Qualification Record) shows he receive all "excellent" conduct and efficiency ratings throughout his service.

5.  He was honorably released from active duty on 23 December 1971 in the rank/pay grade of specialist four/E-4 (with a date of rank of 27 April 1971).  He completed 1 year, 8 months, and 4 days of total active service with 11 days of lost time. 

6.  His service record shows he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for being absent without leave from 
30 December 1970 to 10 January 1971.  

7.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

9.  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 2nd Battalion, 11th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 18 April to 31 August 1971 and from 6 to 19 September 1971 by Department of the Army General Order Number 6, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  
11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II

12.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record shows he served a period of qualifying service in the RVN for award of the RVN Campaign Medal with Device (1960) and Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be amended to reflect these awards.

2.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

3.  The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 2 April 1970 through 23 December 1971.  He received all "excellent" conduct and efficiency ratings throughout his service.  Although he received NJP for being AWOL for 11 days, this is not a disqualifying factor for award of the Army Good Conduct Medal (1st Award).  Therefore, he should be awarded this medal for the period 2 April 1970 through 23 December 1971 and his DD Form 214 should be corrected to show this medal.


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.  deleting the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 April 1970 through 23 December 1971; and 
   
   c.  amending his DD Form 214 by adding the RVN Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (1st Award).  



      __________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)                                         AR20140020380





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ABCMR Record of Proceedings (cont)                                         AR20140020380



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