IN THE CASE OF:	  

		BOARD DATE:	       21 October 2008

		DOCKET NUMBER:  AR20080012820 


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 reconsideration of an earlier request for award of the Army Commendation Medal.  He also requests, as new issues, award of the Good Conduct Medal, an additional bronze service star to be affixed to his Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any unit awards to which he may be entitled.   

2.  The applicant states, in effect, these awards were left off his DD Form 214 (Report of Transfer or Discharge) upon his leaving Vietnam and the Army.

3.  The applicant provides a copy of his DD Form 214; an award certificate and orders for the Army Commendation Medal; and a copy of the 11 August 1999 Army Board for Correction of Military Records Proceedings.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999019608 on 11 August 1999.

2.  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.

3.  The Army Commendation Medal orders are new evidence which will be considered by the Board. 

4.  The applicant was inducted on 16 June 1967.  He arrived in Vietnam on 
19 November 1967.  He served as a light weapons infantryman assigned to Company A, 3rd Battalion, 503rd Infantry of the 173rd Airborne Brigade in Vietnam from 27 November 1967 through 13 December 1967.  He was assigned to Company B, 3rd Battalion, 12th Infantry of the 4th Infantry Division in Vietnam from 14 December 1967 through 18 November 1968.  On 14 July 1969, the applicant was released from active duty.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Purple Heart, and the Expert Marksmanship Qualification Badge with Rifle Bars as authorized awards.

6.  Headquarters, 4th Infantry General Orders Number 5705, dated 27 October 1968, show the applicant received the Army Commendation Medal.

7.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

8.  There are no orders for the Good Conduct Medal in the available records.
 
9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received conduct and efficiency ratings of “Good” for the period 17 January 1969 to 14 April 1969.

10.  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 the applicant's unit (3rd Battalion, 503rd Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (22 October 1967 to 26 September 1970) based on Department of the Army General Orders Number 51, dated 1971.  His unit (3rd Battalion, 12th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970.   

11.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (3rd Battalion, 12th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

13.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes 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.  Orders show the applicant received the Army Commendation Medal.

2.  There are no orders for the Good Conduct Medal in the available records.  The applicant's military records show he had conduct and efficiency ratings of “Good” during the period 17 January 1969 to 14 April 1969, which are disqualifying factors for award of the Good Conduct Medal.  Therefore, the applicant did not meet the eligibility criteria for the first award of the Good Conduct Medal.  
3.  The applicant’s DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, the applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.

4.  The applicant's units were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant’s unit (3rd Battalion, 12th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____XX____  ____XX____  ____XX____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR1999019608, dated 11 August 1999.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal to his DD Form 214.

2.  With regard to the applicant's remaining issues for award of the Good Conduct Medal, an additional bronze service star to be affixed to his Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any unit awards to which he may be entitled, 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.  deleting the entry, “Vietnam Svc [Service] Medal w/2 bronze svc stars” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 
   
   b.  adding the Vietnam Service Medal with four bronze service stars, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

3.  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 award of the Good Conduct 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)                                         AR20080012820





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ABCMR Record of Proceedings (cont)                                         AR20080012820



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