BOARD DATE: 1 September 2016 DOCKET NUMBER: AR20150011992 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: 1 September 2016 DOCKET NUMBER: AR20150011992 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 (1st Award) for the period 16 March 1966 to 7 March 1968. b. Deleting from his DD Form 214 the Vietnam Service Medal. c. Adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * 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: 1 September 2016 DOCKET NUMBER: AR20150011992 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 he received the Republic of Vietnam (RVN) Campaign Medal and any other awards he may have earned. 2. The applicant states he rates this award since he was stationed in Vietnam and it is not on his DD Form 214. He cannot receive Department of Veterans Affairs (VA) healthcare without that award. 3. The applicant provides a: * letter from the Barron County Veterans Service Office, dated 10 July 2015 * manifest from the 189th Assault Helicopter Company * DD Form 47 (Record of Induction) * DA Form 20 (Enlisted Qualification Record) * Letter Orders Number 02-1076454, issued by the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 23 February 1972 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 16 March 1966, the applicant was inducted into the Army of the United States. On 7 March 1968, he was honorably released from active duty and transferred to the USAR. 3. His DA Form 20 shows in: a. Item 38 (Record of Assignments) he was assigned to the 189th Aviation Company, U.S. Army Pacific (USARPAC) - Vietnam from 5 May 1967 to 4 March 1968. b. Item 39 (Campaigns) – none listed. c. Item 41 (Awards and Decorations) he was awarded the: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. On 21 June 1999, the applicant was issued a DD Form 215 (Correction to DD Form 214) that shows he was awarded an Air Medal. 5. There is no indication in his available record that shows he was awarded the Army Good Conduct Medal (AGCM). Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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, and he/she could not have been convicted by court-martial. 2. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. a. 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. b. The regulation states a bronze service star is authorized for wear with the VSM for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1967 – 1 April 1968) c. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DAGO Number 46, dated 1969, amended by DAGO 21, 1969, confirmed award of the RVN Gallantry Cross with Palm Unit Citation to the 189th Aviation Company for the period 27 March 1967 to 17 May 1968. DISCUSSION: 1. The applicant completed a qualifying period of service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960). 2. He received "excellent" conduct and efficiency ratings during his service and there is no record of any disciplinary action taken against him. Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM for the period 16 March 1966 to 7 March 1968. 3. He was awarded the VSM and he participated in three campaigns. The three bronze service stars he is authorized are not shown on his DD Form 214. 4. General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation for a period coinciding with his service in the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011992 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011992 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2