BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015430 BOARD VOTE: ____x_____ ___x____ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015430 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 Army Good Conduct Medal for service during the period 27 May 1969 through 12 March 1971 b. adding to his DD Form 214 – * Army Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation ______________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. BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150015430 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 – * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 2. The applicant states the missing awards were caused by clerical error which he did not know about at the time. He now needs a complete record. 3. The applicant provides a copy of 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 27 May 1969 the applicant was inducted into the Army of the United States. He was trained as an infantryman. 3. On 7 November 1969 the applicant arrived in Vietnam. He was assigned to Company E, 3rd Battalion, 1st Infantry, 11th Light Infantry Brigade. 4. On 15 July 1970 the applicant departed Vietnam and returned to the United States where he was assigned to Headquarters and Headquarters Company, Quartermaster Brigade, Fort Lee, VA. 5. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" and "unknown" during his service. A review of his official military personnel record shows no disciplinary history nor record of court-martial. It also does not contain a commander’s statement disqualifying him from award of the Army Good Conduct Medal. There are no award orders contained in his record. 6. On 12 March 1971 the applicant was honorably released from active duty to attend school. He was transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months, and 16 days of creditable active duty service. He was credited with 8 months and 9 days of foreign service. 7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, indicates he received – * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides: a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations; b. The 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. c. Based on the applicant's dates of service in Vietnam, he participated in three campaign periods: Vietnam Winter-Spring, the Department of the Army Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 2. 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 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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: 1. The applicant served in Vietnam for 8 months and 9 days. Based on his dates of service in Vietnam, he participated in three campaign periods. Thus he is eligible for the Vietnam Service Medal with three bronze service stars. 2. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and to Headquarters, U.S. Army Vietnam and their subordinate units. 3. The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). 4. The applicant did not specifically ask for the Army Good Conduct Medal. However, based on a review of his record and regulatory guidance in effect at the time, it appears he is eligible for the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015430 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2