ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20170001423


APPLICANT REQUESTS:  addition of medals and commendations to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* Letter of Recognition from Colonel P.W.A. – Assistant Commandant, U.S. Army Southeastern Signal School
* Approval Endorsement of the U.S. Army - Vietnam (USARV) Certificate of Achievement (COA) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he would appreciate having some medals earned and commendations added to item 26 of his DD Form 214.  He specifically lists the Vietnam Campaign Medal, Army Good Conduct Medal, and National Defense Service Medals along with a Letter of Recognition and USARV COA.  He would like to give copies of his updated DD Form 214 to his great grandchildren to show that he did his best to serve his country.  He adds that an Army Achievement Medal was authorized in the 80’s or 90’s, and inquires if the COA he received from General Westmoreland qualifies him for this post-Vietnam medal.

3.  The applicant provides a letter of recognition congratulating him on his superior performance as a “Graduate with Honor” designee for placing in the top ten percent of his course at the U.S. Army Southeastern Signal School.  He also provides an endorsement signed by the adjutant on behalf of the commander approving the award of the USARV.

4.  The applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 29 April 1964.

	b.  He served in Vietnam from 3 September 1965 to 22 April 1966, through 2 campaigns (Vietnam Defense Campaign, 8 March - 24 December 1965, and Vietnam Counteroffensive, 25 December 1965 - 30 June 1966).  He was assigned to Headquarters Company, 3rd Radio Relay Unit (RRU).

	c.  On 24 November 1965, the applicant accepted nonjudicial punishment (NJP) under Article 15 for one offense of violating the unit pass policy and one offense of failure to sign in and out of the unit’s pass book respectively.  

	d.  On 7 December 1965, the applicant accepted NJP under Article 15 for one offense of reckless operation of a privately owned vehicle, to wit, a motorbike and one offense of violating a lawful regulation by operating a privately owned two wheeled vehicle without being duly authorized.  His punishment consisted of reduction to private first class/E-3 (suspended until 8 February 1966).

	e.  His DA Form 20 shows he received “excellent” conduct and efficiency ratings from the date of entry until his departure from Vietnam (21 April 1966).

	f.  On 22 April 1966, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty and transferred to the U.S. Army Reserves.  He completed 1 year, 11 months, and 24 days of active service.  It also shows he was awarded or authorized:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Vietnam Service Medal.

5.  By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 there must be no convictions by a court-martial.  He meets the criteria for this award in that:

* He completed 1 year, 11 months, and 24 days
* He received all excellent conduct and efficiency ratings throughout his military service
* There is no record of a court-martial conviction
6.  By regulation (AR 600-8-22):

	a.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	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.  He meets the criteria by virtue of having served more than 6 months in Vietnam

	c.  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.  He meets the criteria for award of the National Defense Service Medal by virtue of having served during a qualifying period of service.

7.  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
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  His record shows he receive all excellence rating for conduct and efficiency without any record of court-martial.  The Board agreed he met regulatory guidance criteria to receive the Army Good Conduct medal.  The Board also agreed his record is absent evidence that shows he was awarded the Army Achievement Medal.

Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant.
  
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 29 April 1946 to 24 April 1966, and amending his DD Form 214 by deleting Vietnam Service Medal, and adding the following awards:

 * Army Good Conduct Medal (1st Award)
 * Vietnam Service Medal with 2 bronze service stars 
 * National Defense Service Medal
 * Republic of Vietnam Campaign Medal with Device (1960) 
 * Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 adding additional awards and decorations.
	 
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214.  As a result, amend his DD Form 214 as follows:

* delete Vietnam Service Medal
* add Vietnam Service Medal with 2 bronze service stars 
* add National Defense Service Medal
* add Republic of Vietnam Campaign Medal with Device (1960) 


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  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.

3.  AR 600-8-22 (Military Awards) states:

	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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	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.  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.

4.  AR 635-5 (Personnel Separations – Separation Documents) list awards and decorations for all periods of service in the priority sequence specified in AR 600-8-22.  AR 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.

5.  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 Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170001423


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