IN THE CASE OF:	  

		BOARD DATE:	        30 DECEMBER 2008

		DOCKET NUMBER:  AR20080017422 


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 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 all medals and decorations awarded to his unit in the Republic of Vietnam. 

2.  The applicant states that the awards were left off of his DD Form 214 due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 2 September 1967; and a copy of his DA Form 20 (Enlisted Qualification Record), dated (created) on 17 September 1965 in support of his application.

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 that he was inducted into the Army of the United States on 15 September 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71M (Chaplain Assistant).  He was honorably released from active duty on                  2 September 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4 (Temporary).

3.  The applicant's records further show that he served in the Republic of Vietnam from 4 March 1967 to 1 September 1967.  He was assigned to the 3rd Surgical Hospital.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Item 24 of this DD Form 214 does not show award of Good Conduct Medal, the two bronze service stars for his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and/or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show he was awarded the Good Conduct Medal.

8.  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.

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Surgical Hospital was awarded the Meritorious Unit Commendation from 1 July 1967 to 29 February 1972, based on Department of the Army General Orders Number 43, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  

11.  There is no indication that the 3rd Surgical Hospital was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its service in the Republic of Vietnam.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III 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 correction of his DD Form 214 to show award of the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Civil Actions Honor Medal First Class Unit Citation, and all medals and decorations awarded to his unit in the Republic of Vietnam. 

2.  With respect to award of the Good Conduct Medal, the applicant was inducted on 15 September 1965 and was honorably released from active duty on
2 September 1967.  He received excellent conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and served in the Republic of Vietnam.  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 Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.  

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

5.  With respect to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, there is no evidence that the applicant's unit of assignment in the Republic of Vietnam was awarded this award or that the applicant was assigned to any other unit that was awarded this award.  Therefore, there is insufficient evidence to award the applicant the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 September 1965 to 2 September 1967; 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, the Meritorious Unit Commendation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.


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.



      ________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)                                         AR20080017422



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ABCMR Record of Proceedings (cont)                                         AR20080017422



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