IN THE CASE OF: BOARD DATE: 3 May 2011 DOCKET NUMBER: 20100027033 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show awards of the Army Good Conduct Medal, Vietnam Service Medal with two or four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, all qualification badges, and all medals awarded to his unit in Vietnam. 2. The applicant states, in effect, the awards were omitted from his DD Form 214 when he left the Army right after departing Vietnam. 3. The applicant provides copies of his DD Form 214, a letter from the National Personnel Records Center, and his DA Form 20 (Enlisted Qualification Record). 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 available records show the applicant was inducted into the Army of the United States on 4 February 1964. He completed training and he was awarded military occupational specialty 12B (Combat Construction Engineer). 3. His DA Form 20 shows in: a. item 38 (Record of Assignments) that he was assigned to Company A, 299th Engineer Battalion, in Vietnam from 27 September 1965 until on or about 25 January 1966. All conduct and efficiency ratings are listed as "Excellent"; and b. item 41 (Awards and Decorations) that he was awarded or authorized the Vietnam Service Medal. 4. His DD Form 214 shows he was honorably released from active duty on 29 January 1966 as a private first class/E-3. He completed 1 year, 11 months, and 26 days of total active service including 3 months and 28 days of foreign service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the Vietnam Service Medal. 5. A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 6. Army Regulation 672-5-1 (Decorations and 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, 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. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 7. 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. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Appendix B shows that based on the applicant's dates of service in Vietnam he participated in the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign. c. 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. Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months are also entitled to award, under the following conditions: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 8. 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 AND CONCLUSIONS: 1. The available evidence shows he had all "excellent" conduct and efficiency ratings. It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight. Therefore, he should be awarded the first award of the Army Good Conduct Medal. 2. Records show the applicant served a qualifying period of honorable active service for award of the National Defense Service Medal. 3. The available record reflects he participated in two designated campaigns during his service in the Republic of Vietnam; therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal. 4. He does not meet the qualification for award of the Republic of Vietnam Campaign Medal with Device (1960). He was not assigned in Vietnam for 6 months or more or wounded as a result of hostile action. 5. His available records do not show he was awarded or authorized any qualification badges. 6. His unit was awarded the Republic of Vietnam Cross of Gallantry with Palm Unit Citation but not the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 7. His DD Form 214 should be corrected to show these awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ___X____ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 4 February 1964 to 29 January 1966; b. deleting the Vietnam Service Medal from item 26 of his DD Form 214; and c. adding the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 26 of his DD Form 214. 2. The Board further determined 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 award of the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any qualification badges. ____________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) AR20100000026 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100027033 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1