IN THE CASE OF:  	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140013405 


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 all awards and decorations from his service in the U.S. Army and his tour in Vietnam. 

2.  The applicant states he served almost 5 years in the U.S. Army with a one year tour of duty in Vietnam as a photographer.  He requests his tour of service be recognized and award of the decorations and awards he earned while in Vietnam to include the Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), Army Good Conduct Medal (AGCM), and any other awards granted.

3.  The applicant provides two DD Forms 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 9 June 1964, the applicant was inducted into the Army of the United States.  After completing initial training, he was awarded military occupational specialty 84B (Photographer).  On 7 November 1965, he was discharged to enlist, which he did the following day.

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

* item 29 (Qualification in Arms) – he qualified as a Sharpshooter with the M-14 Rifle and as a Marksman with the .45 caliber pistol
* item 38 (Record of Assignments) – he was assigned to duty in Vietnam with Headquarters and Headquarters Company, 69th Signal Battalion from 21 May 1966 to 11 May 1967

4.  On 28 June 1967, the Army Pictorial Center issued General Orders Number 28 awarding him the AGCM (first award) for service from 29 June 1964 to 28 June 1967.

5.  On 31 October 1969, he was discharged under conditions other than honorable.  His final DD Form 214 shows no awards listed.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with two campaigns: Vietnam Counteroffensive  (25 December 1965 - 30 June 1966) and Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967).  

	b.  The NDSM is awarded for honorable active service during the period 1 January 1961 through 14 August 1974.

	c.  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.

	d.  Marksmanship qualification badges are awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.   

7.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units in Vietnam.  The 69th Signal Battalion was cited for the Meritorious Unit Commendation (MUC) for the period of November 1965 to October 1966, by Department of the Army General Order (DAGO) Number 17, dated 1968.

8.  DAGO Number 8, dated 1974, announced award of 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.  The applicant completed a period of service in Vietnam making him eligible for the VSM, and he participated in two campaigns.  Therefore, he is entitled to a correction of his final DD Form 214 to show the VSM with two bronze service stars.

2.  Based on his service during a period of eligibility for the NDSM, he is entitled to correction of his final DD Form 214 to show this award. 

3.  He served in a unit in Vietnam during a period for which the unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his final DD Form 214 to show these unit awards.

4.  Based on his Vietnam service he is authorized the RVN Campaign Medal with Device (1960).  He is entitled to correction of his final DD Form 214 to show this award. 

5.  Orders awarded him an AGCM (first award) on 28 June 1967.  He is authorized to have the award listed on his final DD Form 214.

6.  His records show he qualified as a Sharpshooter with the M-14 Rifle and as a Marksman with the .45 caliber pistol.  Therefore, it would be appropriate to correct his final DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Pistol 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 adding to his final DD Form 214:

* Vietnam Service Medal with 2 bronze service stars
* National Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (first award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol 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)                                         AR20140013405





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ABCMR Record of Proceedings (cont)                                         AR20140013405



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