IN THE CASE OF:	.

		BOARD DATE:	        9 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090008121 


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 Presidential Unit Citation, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge.  Since the applicant's initial application, the Republic of Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge have been added to his DD Form 214.  Therefore, those two awards will not be further discussed.

2.  The applicant states that the Department of Veterans Affairs has recently denied him benefits because these awards were not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214; DD Form 215 (Correction to DD Form 214); DA Form 20 (Enlisted Qualification Record); National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); letters of support from his former commander and company clerk; Department of the Army General Orders (DAGO) Number 40, dated 21 September 1967; and a letter from the National Personnel Records Center, dated 20 April 2009.

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.  On 19 January 1965, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training to include the Basic Airborne Course.  He was subsequently awarded military occupational specialty (MOS) 94B2P (cook with parachutist qualification).

3.  On 1 July 1965, the applicant was assigned for duty as a cook with Battery C, 2nd Battalion, 19th Artillery, 1st Cavalry Division, at Fort Benning, Georgia.

4.  On or about 16 August 1965, the applicant deployed with his unit to the Republic of Vietnam.  He served with this unit until his return to the United States on or about 18 June 1966.

5.  On 18 January 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist five, pay grade E-5, and had completed 2 years of creditable active duty service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Parachutist Badge, Vietnam Service Medal, and National Defense Service Medal.  A DD Form 215, dated on 20 April 2009, added the Republic of Vietnam Campaign Medal with Device (1960) and the Sharpshooter Marksmanship Qualification Badge.  It does not show award of the Presidential Unit Citation or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  On 30 May 1967, the applicant enlisted in the Army National Guard of Maine.  He was awarded MOS 64B (Senior Truck Driver).  On 26 February 1968, he was discharged.

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.
9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 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 disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

10.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:  the Vietnam Defense and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that during the time of the applicant's assignment, the 19th Artillery Regiment was cited in DAGO Number 40, dated 1967, for award of the Presidential Unit Citation and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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 him the Army Good Conduct Medal for the period from 19 January 1965 to 18 January 1967; and

	b.  showing that his authorized awards include the Presidential Unit Citation, Army Good Conduct Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation in addition to the awards shown on his DD Form 214.



      _________XXX________________
                 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)                                         AR20090008121



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ABCMR Record of Proceedings (cont)                                         AR20090008121



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