IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20140021057


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 he received the Republic of Vietnam (RVN) Campaign Medal (VCM) and any other awards he may have earned.

2.  The applicant states he was in Vietnam and is qualified to receive more medals than are listed on his DD Form 214.  

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.  On 17 February 1964, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 13F (Automatic Weapons Crewman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the:

* Republic of Korea from 17 July 1964 to 28 July 1965
* RVN from 20 October 1966 through 9 February 1967 

4. His DA Form 20 shows in:

   a.  Item 38 (Record of Assignments) he was stationed in the RVN assigned to Battery B, 1st Battalion, 44th Artillery, from 20 October 1966 to 10 February 1967; 

   b.  Item 41 (Awards and Decorations) he was awarded the:

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

5.  On 13 February 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the:

* NDSM
* VSM

6.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

7.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service with the exception of three periods of “unknown” ratings.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

8.  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 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, and he/she could not have been convicted by court-martial.  “Unknown” conduct and efficiency ratings were not disqualifying,

9.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. The basic criteria require that service members to have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for one campaign, the Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967).

11.  Army Regulation 600-8-22 states the VCM 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 VSM.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam was cited by:

a.  DAGO Number 32, dated 1973, for the Navy Presidential Unit Citation 
(PUC) for service during the period 27 November 1966 to 15 September 1967.       
b.  DAGO Number 8, dated 1974, awarded the RVN 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.



DISCUSSION AND CONCLUSIONS:

1.  He served honorably from 17 February 1964 to 13 February 1967.  His record shows he received "excellent" and “unknown” conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions.  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

2.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not included on his DD Form 214.  

3.  The applicant participated in one campaign during his service in the RVN.  Therefore, he is entitled to one bronze service star for wear on his previously-awarded VSM.  

4.  General Orders awarded his unit in the RVN the Navy PUC and the RVN Gallantry Cross with Palm Unit Citation for periods coinciding with his service in the unit.  

5.  His records show he served in Korea for more than a year.  Based on his service in Korea, he is eligible for award of the KDSM.  

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 February 1964 to 13 February 1967.

	b.  Deleting from his DD Form 214 the VSM.
   c.  Adding to his DD Form 214 the:
   
* AGCM (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* VSM with one bronze service star
* VCM with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Navy PUC
* KDSM



      _______ _   _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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140021057



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