RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070018319 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Good Conduct Medal and, in effect, that the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that others with whom he served were awarded the above medals.

3.  The applicant provides his DD Form 214 and a letter from the National Personnel Records Center.

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 enlisted in the Regular Army on 9 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 62D (Asphalt Workman).

3.  The applicant arrived at the U. S. Army Vietnam Transient Detachment on     5 January 1968.  He was transferred to Headquarters and Headquarters Company, 45th Engineer Group effective 7 January 1968.  He was further transferred to Headquarters and Headquarters Company, 589th Engineer Battalion effective 7 January 1968.  He was further transferred to the 51st Engineer Platoon effective 7 January 1968.

4.  The applicant departed Vietnam on 5 September 1969 after being credited with participation in seven campaigns.

5.  The applicant was honorably released from active duty on 13 September 1969, in the rank and grade of Specialist Five, E-5, after completing 2 years,        7 months, and 5 days of creditable active service with no lost time.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, three Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle bar.

7.  The applicant’s records contain no derogatory information.  His DA Form       20 (Enlisted Qualification Record) shows that his conduct and efficiency were rated as “excellent” throughout his entire enlistment.  There is no evidence of record to show that the commander disqualified him for award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service  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.

9.  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 document shows that the 51st Engineer Platoon, along with the 45th Engineer Group and the 589th Engineer Battalion, were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 through 30 April 1971 by Department of the Army General Orders Number 6, dated 1974.  None of these units was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Department of the Army General Orders Number 8, 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.

11.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed over 31 months of creditable active service with no lost time.  He attained the rank of Specialist Five, E-5.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his enlistment.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

2.  Department of the Army Pamphlet 672-3 shows that none of the units to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time he was assigned to the unit.  Therefore, there is insufficient evidence that would warrant adding this unit award to his DD Form 214.

3.  Department of the Army Pamphlet 672-3 shows that none of the units to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, later this unit citation was awarded to all units that served in Vietnam.  Therefore, this unit award should be added to his DD Form 214.

4.  The applicant was credited with participation in seven campaigns while in Vietnam.  Therefore, he is eligible to wear one silver and two bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x_  __x___  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 for the period 9 February 1967 through 13 September 1969; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is eligible to wear one silver and two bronze service stars on his already-awarded Vietnam Service Medal.

2.  The Board further determined that 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 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.




      	___        x________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018319


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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