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ARMY | BCMR | CY2015 | 20150001135
Original file (20150001135.txt) Auto-classification: Approved

		IN THE CASE OF:    

		BOARD DATE:  1 September 2015	  

		DOCKET NUMBER:  AR20150001135 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the:

* Army Good Conduct Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960 (RVNCM)

2.  The applicant states:

	a.  he received a letter regarding the status of his medals and was informed that proof of his service (dates) in Vietnam was needed;

	c.  he provides documentation outlining his tour in Vietnam; and

	d.  the medals he earned in the Qui Nhon area of Vietnam should be reflected on his DD Form 214.

3.  The applicant provides:

* Self-Authored Statement
* Army Board for Correction of Military Records (ABCMR) letter with original Record of Proceedings
* DA Form 20 (Enlisted Qualification Record)
* National Personnnel Records Center (NPRC) Letter
* Letter Orders
* DA Form 1811 (Physical and Mental Status)
* PC Form 41 (Statement)
* DA Form 664 (Serviceman’s Statement Concerning Application for Compensation from the Veterans Administration)
* documents titled “Army Data” and “Vietnam Revivited]” (source unknown)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140007187 on 11 December 2014.

2.  During the original deliberations in this case the Board found the applicant’s reconstructed record contained no evidence to establish his exact dates of service in Vietnam; therefore, his campaign participation credit could not be determine for award of bronze service star(s) to affix to his already-awarded VSM or for award of the RVNCM.  In addition, there were no available efficiency ratings on file to show he met the necessary criteria for award of the AGCM.  Accordingly, in the absence of the exact dates in Vietnam and his efficiency ratings, the applicant’s request for the VSM with 2 bronze service stars, RVNCM, and AGCM were denied.

3.  The applicant provides a copy of his DA Form 20 and other documentary evidence which were not previously reviewed by the ABCMR.  Therefore, these documents are considered new evidence and as such warrant consideration by the Board.

4.  The applicant was inducted into the Army of the United States on 6 March 1964.  He was trained in and awarded military occupational specialty 76E (Quartermaster Supply Specialist).

5.  His DA Form 20 shows he served in the Republic of Vietnam (RVN) from 26 May 1965 to 16 February 1966 while assigned to the 19th Quartermaster Company.  Item 38 also shows the applicant received excellent conduct and efficiency ratings at each of his active duty assignments.

6.  His reconstructed record contains no evidence to show he was ever recommended for or awarded the AGCM.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving this medal.

7.  On 20 February 1966, the applicant was honorably released from active duty having completed 1 year, 11 months, and 15 days of total active service of which 
8 months and 24 days was foreign service.  The DD Form 214 he was issued at the time, as corrected by a DD Form 215 (Correction to DD Form 214), dated 
28 January 2015, shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  

	a.  Chapter 4 prescribes the policy for award of the AGCM.  It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation in effect at the time of the applicant's separation stipulated that in order to qualify for the AGCM, a member must have had all "excellent" conduct and efficiency ratings.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  The applicant participated in the following two campaigns.

* Vietnam Defense Campaign, (8 March – 24 December 1965)
* Vietnam Counteroffensive

	c.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states this award is authorized for members who served in the RVN for 6 months or more during the period 
1 March 1961 through 28 March 1973.

9.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The new evidence includes the applicant’s DA Form 20 which lists his dates of service in the RVN and details the conduct and efficiency ratings he received at each of his active duty assignments.  This document confirms he received "excellent" conduct and efficiency ratings during all of his active duty assignments and his record is void of any additional derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first AGCM for his qualifying period of honorable active service from 6 March 1964 to 
20 February 1966.

2.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized the RVNCM with Device 1960, RVNGC with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his
DD Form 214.

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 amendment of the ABCMR’s decision in Docket Number AR20140007187 dated 11 December 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  issuing him a corrected document to reflect these changes.




      ____________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)                                         AR20150001135



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ABCMR Record of Proceedings (cont)                                         AR20150001135



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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