IN THE CASE OF: BOARD DATE: 17 May 2023 DOCKET NUMBER: AR20220010923 APPLICANT REQUESTS: award of the Republic of Vietnam Civil Actions Honor Medal Unit Citation "with Palm and Frame". APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 28 August 2022 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 19 September 1971 * DD Form 215 (Correction to DD Form 214), 23 August 2017 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, in effect, he served in the Vietnam War and did not receive the Republic of Vietnam Civil Actions Honor Medal with Palm and Frame. He did receive the Republic of Vietnam Gallantry Cross Unit Citation with Palm and Frame and it was noted on his DD Form 215. 3. As an additional issue, the Board will consider his service for award of the Army Good Conduct Medal (AGCM) (First Award) for the period 25 September 1969 to 19 September 1971. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214, which will be listed in administrative notes. 5. A review of the applicant's service records shows: a. On 25 September 1969, he was inducted into the Army of the United States. b. He served in Vietnam from 19 November 1970 to 18 September 1971. c. His DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 29 (Qualification in Arms): * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (2) Item 33 (Appointment and Reductions) – no reductions. (3) Item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency or unknown ratings during his active-duty service and while he served in Vietnam. He was assigned to: * 52nd Quartermaster Detachment, 24 November 1970 to 2 February 1971 * 62nd Quartermaster Detachment, 3 February 1971 to 13 September 1971 (4) Item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Army Commendation Medal (ARCOM) * Republic of Vietnam Campaign Medal with Device (1960) (5) item 44 (Time Lost Under Section 972, Title 10, U.S.C., and Subsequent to Normal ETS) – none. d. On 19 September 1971, he was honorably released from active duty by reason of early separation of overseas returnee. His DD Form 214 shows he completed 1 year, 11 months, and 25 days. It further shows in: (1) Item 23a (Specialty Number and Title) – 11B40, Light Weapons Infantryman. (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * NDSM * ARCOM * VSM * Republic of Vietnam Campaign Medal with 1960 Device e. On 23 August 2017, he was issued a DD Form 215, amending his DD Form 214 to show awards of: * Bronze Star Medal * two bronze service stars to his previously issued VSM * Republic of Vietnam Gallantry Cross Unit Citation with Palm Device 6. His records are void of any disciplinary actions or a commander's disqualification for award of the AGCM for the period 25 September 1969 to 19 September 1971. 7. His records are void of Orders awarding him the AGCM for that period. 8. DA PAM 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the 52nd Quartermaster Detachment, or the 62nd Quartermaster Detachment was awarded the Vietnam Civil Actions Honor Medal Unit Citation First Class “with Palm and Frame” during the periods he was assigned to these units. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined the applicant’s unit, 52nd Quartermaster Detachment or the 62nd Quartermaster Detachment did not receive the award, for the Vietnam Civil Actions Honor Medal Unit Citation First Class “with Palm and Frame” during the periods he was assigned to these units. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 25 September 1969 to 19 September 1971. Based on this the Board granted partial relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. 2. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary service from 25 September 1969 to 19 September 1971 and adding the medal to his DD Form 214 for the period ending 19 September 1971. 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 Civil Actions Honor Medal Unit Citation "with Palm and Frame. 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 his DD Form 214 should be corrected to show: * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards), now in effect, prescribes Department of the Army (DA) policy, criteria, and administrative instructions concerning individual and unit military awards. a. The AGCM is awarded to on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. (1) The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty; or (5) for the first award only, for those individuals who died before completing 1 year of active Federal military service or if the death occurred in the line of duty. (2) Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the AGCM as indicated in the Soldier's record: willingly complied with the demands of the military environment, been loyal and obedient to his or her superiors, faithfully supported the goals of his or her organization and the Army, and conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. b. Paragraph 9-4. Foreign Unit Decorations. During the period of military operations against an armed enemy and for 1 year thereafter; or while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. All ACOM, ASCC, DRU, corps, and division commanders are authorized to accept foreign unit decorations tendered to brigades, BNs, or smaller units under their command. HRC will take final action on all tenders of foreign unit decorations to headquarters and headquarters companies of divisions and higher or comparable units. This authority will not be further delegated. Acceptance of foreign unit decorations will be reported to HRC, ADB for confirmation in DAGOs. c. Wear. The only emblems currently authorized for wear on the uniform to indicate a foreign decoration received by a unit are the French and Belgian Fourrageres, the Netherlands Orange Lanyard, the Philippine Republic Presidential Unit Citation Badge, the Republic of Korea Presidential Unit Citation Badge, the Vietnam Presidential Unit Citation Badge, the Republic of Vietnam Gallantry Cross Unit Citation Badge, and the Republic of Vietnam Civil Actions Medal Unit Citation Badges. Only the French Fourragere and the Republic of Korea Presidential Unit Citation are authorized for temporary wear; temporary wear of the Republic of Korea Presidential Unit Citation is limited to wear while assigned to units in Korea. d. Paragraph 9-25. Republic of Vietnam Civil Actions Unit Citation. The unit citation of the Civil Actions Unit Citation is awarded by the Vietnamese government for meritorious service. The award of the Civil Actions Unit Citation, First Class, is accompanied with oak leaf clusters. The Palm used in the Republic of Vietnam Gallantry Cross with Palm Unit Citation is the oak leaf device and is worn with the stem to the wearer’s right. 3. Army Regulation 672-5-1 (Decorations and 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 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010923 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1