IN THE CASE OF:	  

		BOARD DATE:	  18 June 2009

		DOCKET NUMBER:  AR20090000555 


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, correction of his records to show award of the Army Good Conduct Medal (AGCM), Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, and the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he received an honorable discharge with no problems; therefore, he should be awarded the AGCM.  He also believes he should be eligible for the RVN Civil Actions Honor Medal First Class Unit Citation because he was awarded the RVNGC with Palm Unit Citation.

3.  The applicant provides his DD Form 214 and a document from the National Personnel Records Center in support of this 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 military records show he was inducted into the Army of the United States on 24 June 1965.  He was awarded the military occupational specialty of physical activities specialist and he was promoted to pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in Vietnam during the period 1 December 1965 through 27 November 1966.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he was assigned to Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division performing duties as a rifleman and to the 15th Administration Company, 1st Air Cavalry as a light weapons infantryman.

4.  He was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) on 23 June 1967 after completing 2 years of creditable active service with no lost time.

5.  On 12 February 1987, he enlisted in the Army National Guard and served for 4 years.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  The units to which the applicant was assigned while serving in the Republic of Vietnam were not cited for award the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to those units.

7.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to two awards of the RVNGC with Palm Unit Citation based on Department of the Army General Orders Number 70, dated 1969 and Department of the Army General Orders Number 59, dated 1969.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

8.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the AGCM by proper authority while serving on active duty.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings, there are no adverse actions recorded in the available records and no disqualification by his chain of command.
9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the AGCM the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965); Vietnam Counteroffensive, (25 December 1965 - 30 June 1966); and Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) campaigns.  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 completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the AGCM (1st award) and correction of his records to show this award.

2.  General orders awarded both of the applicant's units the RVNGC with Palm Unit Citation which are not shown on his DD Form 214.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The units to which the applicant was assigned while serving in the Republic of Vietnam were not awarded the RVN Civil Actions Honor Medal First Class Unit Citation during the time in which he served with them.  Therefore, he is not entitled to correction of his records to show this unit award.

4.  The available records show the applicant was awarded the Vietnam Service Medal.  Additionally, evidence show the applicant 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 his previously-awarded Vietnam Service Medal.


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 AGCM (1st award) for the period 24 June 1965 through 23 June 1967; and

	b.  adding the following awards to the individuals DD Form 214:  the AGCM, the RVNGC with Palm Unit Citation (two awards), and three bronze service stars for wear on the previously-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 amending his DD Form 214 to show award of the RVN Civil Actions Honor Medal First Class Unit Citation.




      _______ _   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)                                         AR20090000555



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ABCMR Record of Proceedings (cont)                                         AR20090000555



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