IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090002409 


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 Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that administrative error resulted in the omission of these awards from his DD Form 214.  The applicant also states that he was unaware of the process for requesting correction of his records until recently.

3.  The applicant provides a letter from the National Personnel Records Center as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 record shows that he was inducted into the Army of the United States and entered active duty on 20 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13F (Automatic Weapons Crewman).  At a later date, his MOS was reclassified to 76Y (Armor and Unit Supply Specialist).  The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5.  The applicant was released from active duty on 19 February 1970 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served a tour of duty in the Republic of Vietnam during the period 23 July 1968 through 15 July 1969.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in Battery C, 8th Battalion of the 4th Artillery Regiment.  Item 38 also shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  This form does not show award of the Good Conduct Medal, the Meritorious Unit Commendation, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant provides National Personnel Records Center, Military Personnel Records, Saint Louis, Missouri, letter, dated 16 October 2008, which was prepared in response to a request he had submitted.  In this letter, an Archives Technician, in effect, informs the applicant that an audit of his available records had been conducted and as a result, he was being shipped the Good Conduct Medal and the Meritorious Unit Commendation.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ended 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 were not disqualify-ing.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

8.  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.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Meritorious Unit Commendation for the period of 31 January 1968 through 31 January 1969 based on Department of the Army General Orders Number 39, dated 1970.

9.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 20 July 1965 through 28 March 1973 based on Department of the Army General Orders Number 8, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in five campaigns:  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall 1969.  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's contentions that his record should be corrected to show award of the Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were carefully considered and determined to have merit.

2.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

3.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of five bronze service stars to be affixed to his previously awarded Vietnam Service Medal and entitled to correction of his records to show this addition.

5.  Evidence shows the applicant completed a period of honorable service during which he received all “excellent” conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 20 February 1968 through 19 February 1970 and 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 full 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 (first award) for the period 20 February 1968 through 19 February 1970; and

	b.  adding the following awards to item 24 of the applicant's DD Form 214:

		(1)  the Good Conduct Medal (first award);

		(2)  the Meritorious Unit Commendation;
		(3)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

		(4) five bronze service stars to be affixed to his previously-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)                                         AR20090002409





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ABCMR Record of Proceedings (cont)                                         AR20090002409



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