IN THE CASE OF:	  

		BOARD DATE:	       24 February 2009

		DOCKET NUMBER:  AR20080014074 


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 award of the Republic of Vietnam Gallantry Cross with Silver Star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that his service records were not updated to reflect these awards. 

3.  The applicant provided a copy of General Orders Number 24, issued by Headquarters, Department of the Army, in June 1972; a copy General Orders Number 3, issued by Headquarters, Department of the Army, on 20 February 1970; and an undated extract of unknown source of the criteria for award of the Republic of Vietnam Gallantry Cross, in support of his request.  

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's records show he was inducted into the Army of the United States on 13 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor and Intelligence Specialist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 18 September 1969.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 20 July 1968 to on or about 11 September 1969.  He was assigned to B Troop, 2nd Squadron, 1st Cavalry, 4th Infantry Division.  

4.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

5.  On 19 October 2007, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added his award of the Purple Heart.

6.  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 2nd Squadron, 1st Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 29 July 1969 to 17 November 1970 based on Department of the Army General Order Number 52, dated 1971, and the Republic of Vietnam Gallantry Cross with Silver Star from 1 June 1969 to 30 August 1970 based on Department of the Army General Order Number 24, dated 1972.

7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), the TET 69 Counteroffensive (23 February 1969 to 8 June 1969), and the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an excellent conduct and efficiency rating throughout his military service.

10.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Republic of Vietnam Gallantry Cross with Silver Star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with Silver Star which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 13 February 1968 through 18 September 1969.  He received an excellent conduct and efficiency rating throughout his military service, completed over 13 months of combat service in the Republic of Vietnam, and was awarded the Purple Heart and the Combat Infantryman Badge.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 February 1968 through 18 September 1969; and

	b.  adding award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Gallantry Cross with Silver Star, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



															XXX
      _______ _   _______   ___
               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)                                         AR20080014074





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ABCMR Record of Proceedings (cont)                                         AR20080014074



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