IN THE CASE OF:	  

		BOARD DATE:	        31 March 2009

		DOCKET NUMBER:  AR20080019795 


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, two Overseas Service Bars, and any other awards and decorations he may have earned.

2.  The applicant states that his military records and his internet search indicated his entitlements to additional awards that are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provided copies of his DD Form 214, dated 5 March 1971, and a copy of page 4 of his 4-page DA Form 20 (Enlisted Qualification Record), 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 requested award of two Overseas Service Bars.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states that the Overseas Service Bar is an item of uniform wear.  There is no requirement to list it on the DD Form 214.  Therefore, the issue of the Overseas Service Bar will not be discussed further in the Record of Proceedings.  

3.  The applicant's records show he was inducted into the Army of the United States on 6 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 44E (Machinist). He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 March 1971.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

4.  The applicant’s records show he served in the Republic of Vietnam from on or about 28 July 1969 to on or about 25 July 1970.  He was assigned to the 1st Battalion, 40th Artillery. 

5.  Item 24 (Decoration, 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 Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with two bronze service stars, and the Army Commendation Medal.  Item 24 does not show award of Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 1st Battalion, 40th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

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

8.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ, Special Orders Number 125, dated 5 May 1969, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary, and the Vietnam Counteroffensive 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.

10.  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 of his DA Form 20 shows he received an “Excellent” conduct and efficiency rating throughout his military service.

11.  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.  General orders awarded the applicant’s unit of assignment 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 award.  

2.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.  

3.  The evidence of record also shows that the applicant participated in four campaigns during his service in the Republic of Vietnam, two of which are not shown on his records; therefore, he is entitled to correction of his records to show four bronze service stars affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 6 March 1969 through 5 March 1971.  He completed a combat tour in the Republic of Vietnam, attained the rank/grade of SP4/E-4, and received an excellent conduct and efficiency rating throughout his military service.  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 6 March 1969 through 5 March 1970; 

	b.  deleting the entry “Vietnam Service Medal with two bronze service stars” from item 24 of his DD Form 214; and 

	c.  adding the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Vietnam Service Medal with four bronze service stars.  



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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)                                         AR20080019795





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ABCMR Record of Proceedings (cont)                                         AR20080019795



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