IN THE CASE OF:	  

		BOARD DATE:	  April 14, 2009

		DOCKET NUMBER:  AR20080016657 


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 Palm Unit Citation, the Good Conduct Medal, and the appropriate campaign stars with his Vietnam Campaign [sic] Service Medal.

2.  The applicant states that the missing awards were due to an administrative oversight.

3.  The applicant does not provide any additional documentary evidence 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 enlisted in the Regular Army for a period of 3 years on 13 June 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31J (Telephone Equipment Repairer).  He was honorably separated in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 March 1970.

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 3 April 1969 to on or about 23 March 1970.  He was assigned to Headquarters and Headquarters Detachment, 523rd Signal Battalion.

4.  Item 24 (Decorations, 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 Marksman Marksmanship Qualification Badge with Rifle bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bras, and the Parachutist Badge. 

5.  Item 24 of this DD Form 214 does not show award of Good Conduct Medal, no bronze and/or silver service stars for his Vietnam Service Medal, and/or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  There are no orders in the applicant's records that show he was awarded the Good Conduct Medal.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. Furthermore, the applicant's records do not contain any derogatory information.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who had 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 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 523rd Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 24 August 1969 to 31 December 1970, based on Department of the Army General Orders Number 42, dated 1972.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the TET 69 Counteroffensive (23 February 1969 to 
8 June 1969), the Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969), and the Vietnam Winter-Spring (1 November 1969 to 30 April 1970) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal, and the appropriate number of service stars to be affixed to his Vietnam Service Medal.  

2.  The available evidence shows the applicant enlisted on 13 June 1967 and was honorably separated on 23 March 1970.  He completed a combat tour in the Republic of Vietnam, attained the rank/grade of SP5/E-5, and received "excellent" conduct and efficiency ratings throughout his military service.   Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his 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. 

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.  

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




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 June 1967 through 23 March 1970; and

	b.  adding to the list of awards shown on his DD Form 214 the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   __x_____   ___
               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)                                         AR20080016657



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ABCMR Record of Proceedings (cont)                                         AR20080016657



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