BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20160001736 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: 15 June 2017 DOCKET NUMBER: AR20160001736 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 13 March 1964 to 9 March 1966, b. deleting award of the Vietnam Service Medal from his DD Form 214, c. adding the following awards to his DD Form 214: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Presidential Unit Citation * 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: 15 June 2017 DOCKET NUMBER: AR20160001736 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 award of the Republic of Vietnam Campaign Medal with Device (1960). 2.  The applicant states he traveled by ship from South Carolina to Long Beach, California, and then on to Vietnam. He served in Vietnam for 7 months before being honorably released from active duty. He was told that because his DD Form 214 does not show the Republic of Vietnam Campaign Medal with Device (1960), he cannot apply for Agent Orange exposure benefits. 3.  The applicant provides copies of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards). 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 was inducted into the Army of the United States on 13 March 1964, completed training, and awarded military occupational specialty 55B (Ammunition Storage Specialist). 3.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information: * service in Vietnam from 17 August 1965 through 8 March 1966 * unit of assignment in Vietnam – Support Company, 15th Supply and Service Battalion, 1st Cavalry Division * conduct and efficiency ratings of "excellent" for all assignments 4.  His records are void of orders awarding him the Army Good Conduct Medal. His records are also void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. 5.  He was honorably released from active duty on 9 March 1966 in the rank of specialist/pay grade E-4 and was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 27 days of total active service with no lost time. 6.  The DD Form 214 he was issued shows he was awarded or authorized the: * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7.  The applicant provided a DA Form 1577, dated 14 April 1989, prepared by the U.S. Army Reserve Personnel Center showing his authorized awards as: * Army Good Conduct Medal * Presidential Unit Citation * National Defense Service 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 * Expert Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1.  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. There must have been no convictions by a court-martial. 2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The National Defense Service Medal is awarded for honorable active service for designated periods including from 1 January 1961 through 14 August 1974. b.  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. c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. During the period from 17 August 1965 through 8 March 1966, there were two named campaigns. * Vietnam Defense Campaign (8 March 1965 to 24 December 1965) * Vietnam Counteroffensive (25 December 1965 to 30 June 1966) 3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the 15th Supply and Service Battalion was awarded the Presidential Unit Citation in Department of the Army General Orders Number 53, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 8, dated 1974. DISCUSSION: 1.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to pay grade E-4. His records contain no indication of any disqualifying incidents or recommendations precluding award of the Army Good Conduct Medal. It appears he met the criteria for this award. 2.  He served during a period for which award of the National Defense Service Medal is authorized. This medal is not shown on his DD Form 214. 3.  The applicant served in Vietnam for the required period for award of the Republic of Vietnam Campaign Medal with Device (1960). This medal is not shown on his DD Form 214. 4.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal. His DD Form 214 does not reflect these appurtenances. 5.  Department of the Army general orders awarded his unit in Vietnam the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001736 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001736 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2