IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20150000047 


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 award of the Republic of Vietnam Campaign Medal, and, in effect, related awards. 

2.  The applicant states he served in Vietnam and he rates this award.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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's records show he was inducted into the Army of the United States on 25 May 1970 and he held military occupational specialty 73C (Pay Disbursement Specialist). 
3.  His records show he departed Fort Gordon, GA on 17 May 1971 en route to the U.S. Army Pacific.  He served in: 

* Vietnam from 8 July 1971 to 27 December 1971, a period of 5 months and 20 days; he was assigned to the 101st Administrative Company
* Korea from 28 December 1971 to on or about 10 January 1972, a period of 14 days; he was assigned to the 199th Personnel Service Company with duty at the 21st Inprocessing Team

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 11 January 1972.  He completed 1 year, 7 months, and 17 days of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

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

5.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a. The Vietnam Campaign Medal, properly known as the Republic of Vietnam 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.

	b. The Vietnam Service Medal 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.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, campaign participation credit was authorized for the following two campaigns

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

6.  A review of his service record shows no derogatory information (such as lost time, court-martial conviction) on file.  Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service in Vietnam with the 101st Administrative Company from 8 July 1971 to 27 December 1971, this unit was awarded the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 18 April to 31 August 1971 by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 8 July to 27 December 1971, a period of 5 months and 20 days.  Qualifying service for the Republic of Vietnam Campaign Medal with Device (1960) included assignment in Vietnam for 6 months or more.  He did not serve 6 months or more.  He does not meet the criteria for this award and should not be authorized or awarded this medal. 

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.

3.  He was awarded the Vietnam Service Medal and he also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  He served honorably from 25 May 1970 through 11 January 1972.  He served in Vietnam and Korea, attained the rank/grade of SP4/E-4, and received all "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show it.


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:

* awarding him the Army Good Conduct Medal for service during the period 25 May 1970 through 11 January 1972
* deleting from his DD Form 214 the Vietnam Service Medal 
* adding to his DD Form 214 the – 

* Vietnam Service Medal with two bronze service stars
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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)                                         AR20150000047



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ABCMR Record of Proceedings (cont)                                         AR20150000047



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