IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080016310 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any other unit awards to which he may be entitled.

2.  The applicant states the above awards were left off his DD Form 214.

3.  The applicant provides:

	a.  his DD Form 214 showing he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, one Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Bronze Star Medal, and Army Commendation Medal with Oak Leaf Cluster;

	b.  a letter from the National Personnel Records Center dated 4 July 2008, stating his entitlement to the Bronze Star Medal, Air Medal, Army Commendation Medal with Oak Leaf Cluster, National Defense Service Medal, Vietnam Service Medal with one bronze service star, and Republic of Vietnam Campaign Medal with Device (1960); and

	c.  his DA Form 20 (Enlisted Qualification Record).



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 honorably served in the Regular Army on a 2-year enlistment from 6 January 1970 through 11 November 1971.  He served in Vietnam from 10 June 1970 through 17 March 1971 with Headquarters and Headquarters Battery (HHB), 1st Battalion, 77th Artillery, 1st Cavalry Division.

3.  The applicant’s records show he demonstrated excellent conduct and efficiency throughout his military service.  There was no derogatory information in the records.

4.  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 unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 23 October-26 November 1965 by Department of the Army General Order Number 40, dated 1967; the Valorous Unit Award for the period 1 May-29 June 1970 by Department of the Army General Order Number 43, dated 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by Department of the Army General Order Number 42, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

5.  Army Regulation 672-5-1 (Awards), in effect during Vietnam, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and any other unit awards to which he may be entitled.

2.  The applicant served from 6 January 1970 through 11 November 1971, when he was honorably separated.  He had "excellent" conduct and efficiency ratings and should have been awarded the Good Conduct Medal.

3.  The applicant served with HHB, 1st Battalion, 77th Artillery, 1st Cavalry Division from 10 June 1970 through 17 March 1971.  During his tenure, the unit was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, so he is entitled to have these unit awards reflected on his DD Form 214.  He is not entitled to have the Presidential Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation added to his DD Form 214 because he was not a member of the unit during the cited period for these awards.

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 Good Conduct Medal for the period 6 January 1970 through 11 November 1971; and 

	b.  adding the Good Conduct Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or any other unit awards.


																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)                                         AR20080016310



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ABCMR Record of Proceedings (cont)                                         AR20080016310



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