IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080006834 


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 military records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he is entitled to the award for his service in Vietnam.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 26 February 1971; Headquarters, U.S. Army Support Command (USASC), Qui Nhon General Orders Number 991, dated 10 October 1970; and a 2-page internet application for the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 28 May 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 71L (Administrative Specialist).  

3.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Detachment, USASC, Qui Nhon on 6 June 1970.  He departed Vietnam on 25 February 1971 after being credited with participating in three campaigns.

4.  On 26 February 1971, he was honorably released from active duty in the rank of Specialist Five (SPC5)/E-5 after completing 1 year, 8 months, and 29 days of creditable active service with no time lost.  

5.  The applicant's DD Form 214 with the ending period 26 February 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Purple Heart, the Bronze Star Medal, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and the Expert Marksmanship Qualification Badge (M-16).

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

7.  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.

8.  Army Regulation 672-5-1 (Military Awards), 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.




9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military record should be corrected to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His military records show that he served in Vietnam from 6 June 1970 through 25 February 1971.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards. 

2.  The applicant was separated in the rank of Sergeant with 1 year, 8 months, and 29 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 28 May 1969 through 26 February 1971.

BOARD VOTE:

__xx____  ___xx___  ___xx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 the applicant the Army Good Conduct Medal 
1st Award for the period 28 May 1969 through 26 February 1971; and

	

		b.  amending his DD Form 214 to add the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




      ______xxxx  _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080006834



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ABCMR Record of Proceedings (cont)                                         AR20080006834



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