IN THE CASE OF:	  

		BOARD DATE:	        7 April 2009

		DOCKET NUMBER:  AR20080018054 


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 18 April 1970 be corrected to show award of the Purple Heart, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and all awards, ribbons, and medals that he is authorized to wear on his uniform.  He further requests that his DD Form 214 be corrected to show the rank and grade of Specialist Four (SP4)/E-4.

2.  The applicant states that he was a SP4 and his DD Form 214 shows his rank as Private First Class (PFC).  He continues that he was awarded the Purple Heart.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  The applicant states that the above awards are not reflected on his DD Form 214. 

3.  The applicant provides his DD Form 214; a Purple Heart certificate, dated 
16 March 1970; and Headquarters, 91st Evacuation Hospital (SMBL) General Orders Number 66, dated 16 March 1970.

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 was inducted into the Army of the United States on 
12 September 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11E (Armor Crewman).

3.  The applicant arrived in Vietnam and was assigned to C Troop, 1st Squadron, 1st Cavalry Regiment on or about 26 May 1969.  

4.  Headquarters, 91st Evacuation Hospital General Orders Number 66, dated 
16 March 1970, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 
12 August 1969.

5.  The applicant departed Vietnam on or about 11 April 1970 after being credited with participating in two campaigns.

6.  On 18 April 1970, the applicant was honorably released from active duty after completing 1 year, 8 months, and 7 days of creditable active service with no time lost.

7.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the, Bronze Star Medal, the Army Commendation Medal, two overseas service bars, 
the Marksman Marksmanship Qualification Badge (M-14 Rifle), and the Expert Marksmanship Qualification Badge (M-16 Rifle).

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  A DD Form 215, dated 17 September 1997, was issued to the applicant which amended items 5a, 5b, and 24 of his DD Form 214 with the period ending on 
18 April 1970 by administratively correcting his rank and pay grade to SP4/E-4 and adding the Purple Heart.  A copy of the DD Form 215 will be forwarded to the applicant; therefore, these issues will not be discussed further in this Record of Proceedings.  

10.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

12.  Army Regulation 600-8-22 also provides, in pertinent part, for 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.

13.  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 pamphlet shows that, at the time of the applicant’s assignment to the 1st Squadron, 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 
31 December 1969 and 31 March 1970 through 30 January 1970 based on Headquarters, Department of the Army, General Orders Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 1st Squadron, 1st Cavalry, it was cited for award  of the Presidential Unit Citation for the period from 31 January 1968 through     31 March 1968 based on Headquarters, Department of the Army, General Orders Number 60, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of SP4 with 1 year, 8 months, and 
7 days of creditable active service.  His conduct and efficiency ratings were "excellent" throughout his period of service.  There is no record of nonjudicial punishment under Article 15, Uniform Code of Military Justice, nor is there any record of trial by courts-martial.  The applicant has no recorded lost time and there is no evidence that he was disqualified for award of the Army Good Conduct Medal.  Therefore, his records should be corrected to show award of the Army Good Conduct Medal (1st Award) for the period 12 September 1968 through 18 April 1970.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His service in the Republic of Vietnam from 26 May 1969 through 11 April 1970 makes him eligible for the Republic of Vietnam Campaign Medal with Device (1960), and his participation in two campaigns entitles him to two bronze service stars to be worn on his Vietnam Service Medal.  The applicant's DD Form 214 should be amended to add these awards.

3.  The applicant's unit was awarded Presidential Unit Citation for the period from 31 January through 31 March 1968.  However, the period covered is prior to his arrival in the Republic of Vietnam.  Therefore, he is not eligible to wear the award on permanent basis or to have it added to his DD Form 214.

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 Army Good Conduct Medal (1st Award) for the period 
12 September 1968 through 18 April 1970; and 

	b.  amending his DD Form 214 with the period ending 18 April 1970 to add the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars to be worn 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 award of the Presidential Unit Citation or any awards that are not listed above.



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      _______ _   _______   ___
               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)                                         AR20080018054



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ABCMR Record of Proceedings (cont)                                         AR20080018054



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