BOARD DATE:	  30 July 2009

		DOCKET NUMBER:  AR20090003819 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the addition of bronze service stars to his Vietnam Service Medal, and any other award he earned during his service in the U. S. Army.

2.  The applicant states that he earned the awards but they are missing on his 
DD Form 214.

3.  The applicant provides a DD Form 214 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 enlisted in the Regular Army on 16 February 1967 and upon completion of initial entry training was awarded military occupational specialty 76Y (Unit Supply Specialist).  He was honorably released from active duty on 
9 February 1970.

3.  On 24 June 1969, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent from his unit, without proper authority, from 30 May 1969 to 23 June 1969.  

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 10 May 1968 to 
9 November 1968 and from 27 June 1969 to 8 February 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle), two Overseas Service Bars, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal as authorized awards.

6.  There is no evidence in the applicant's record which shows he was awarded or recommended for award of the Good Conduct Medal.

7.  Army Regulation 672-5-1, in effect at the time, provided 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.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity.  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.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in orders.  

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tours in Vietnam he participated in five campaigns:  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn instead of five bronze service stars.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of a silver service star to be affixed to his Vietnam Service Medal.

2.  All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this unit award should also be added to the applicant's DD Form 214.

3.  The applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for being absent from his unit without proper authority from 30 May 1969 to 23 June 1969 (24 days).  As a result, he did not meet the criteria (exemplary conduct, efficiency, and fidelity) for award of the Good Conduct 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 adding to his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a silver service star to be worn on his 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 Good Conduct 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)                                         AR20090003819





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ABCMR Record of Proceedings (cont)                                         AR20090003819



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