BOARD DATE:	  8 October 2009

		DOCKET NUMBER:  AR20090009147 


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, that all his awards, including but not limited to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Good Conduct Medal, and weapons qualification badges be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that the awards were omitted from his DD Form 214 at the time he was released from active duty.

3.  The applicant submitted a copy of a certificate, citation, and general orders for award of the Bronze Star Medal to him and a copy of his Honorable Discharge Certificate in support of his 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 record shows that he was inducted into the Army of the United States on 5 September 1968.  He completed his basic combat training at Fort Lewis, Washington, and his advanced individual training at Fort Sill, Oklahoma.  After completing all required training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  At the time of the applicant's release from active duty, he held MOS 13B (Field Artillery Crewman).

3.  The applicant served in Vietnam from 4 February 1969 through 9 April 1970 with Battery C, 2nd Battalion, 32nd Artillery Regiment, 23rd Artillery Group, II Field Force, Vietnam.

4.  The applicant was honorably released from active duty on 12 April 1970 under the provisions of Army Regulation 635-200 (Enlisted Separations) as an overseas returnee prior to the expiration of his term of service.  He was separated in the rank/pay grade of sergeant/E-5.  On the date he was released from active duty, he had completed 1 year, 7 months, and 8 days of active military service with no days of time lost.

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 the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal with "V" Device and oak leaf cluster.  No other awards are shown as being authorized or having been awarded to the applicant.

6.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive Phase VI which extended from 2 November 1968 through 22 February 1969, the Tet 69 Counteroffensive which extended from 23 February 1969 through 8 June 1969, the Vietnam Summer-Fall 1969 which extended from 9 June 1969 through 31 October 1969, and the Vietnam Winter-Spring 1970 which extended from 1 November 1969 through 30 April 1970.

7.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.

8.  The applicant provided documents showing he was awarded the Bronze Star Medal for exceptionally meritorious achievement in connection with military operations against a hostile force for the period February 1969 to April 1970 by General Orders Number 464, published by Headquarters, II Field Force Vietnam Artillery, on 10 April 1970.  These documents were on file in the applicant's service personnel record, but it appears their publication and distribution were not timely enough to have been added to his DD Form 214 at his release from active duty; therefore, the Bronze Star Medal is not shown on the applicant's DD Form 214.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Army Good Conduct Medal.

10.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) in Special Orders Number 301 published by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, on 28 October 1968.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

11.  The applicant's DA Form 20 shows in item 29 (Qualification in Arms) the applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  This marksmanship qualification badge is also not shown on the applicant's DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 4 November 1965 through 15 January 1971 by DAGO Number 51, dated 1971.  The applicant was assigned to the unit at the time it was cited for these unit awards; however, these unit awards are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

14.  Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Army Good Conduct Medal was awarded to individuals who distinguished themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there was no automatic entitlement to the Army Good Conduct Medal, disqualification must have been justified.  To have been eligible for award of the Army Good Conduct Medal, Soldiers must have met all of the following criteria:  all conduct (character) and efficiency ratings must have been recorded as "excellent," except that 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.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to and present for duty with the unit any time during the period cited or was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Army Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Army Good Conduct Medal for the period 5 September 1968 through 12 April 1970 and to have this award added to his DD Form 214.

2.  The applicant was awarded the Bronze Star Medal for exceptionally meritorious achievement in military operations against a hostile force.  The Bronze Star Medal is not shown on the applicant's DD Form 214.  It would be appropriate to add this award to his DD Form 214.

3.  The applicant was awarded the Vietnam Service Medal for his service in Vietnam; however, he served in four campaigns of the Vietnam War while there.  He is therefore entitled to award of the Vietnam Service Medal with four bronze service stars as opposed to the Vietnam Service Medal now shown on his DD Form 214.

4.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

5.  The applicant earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bars as a result of his qualification with the M-14 and M-16 rifles.  This badge with bars is not shown on the applicant's DD Form 214.  He is entitled to have this badge added to his DD Form 214.

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 Army Good Conduct Medal for the period 5 September 1968 through 12 April 1970;

	b.  deleting the Vietnam Service Medal from the applicant's DD Form 214; and

	c.  adding the Bronze Star Medal, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) to the applicant's DD Form 214.


      ___________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)                                         AR20090009147



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ABCMR Record of Proceedings (cont)                                         AR20090009147



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