BOARD DATE:	  February 4, 2010

		DOCKET NUMBER:  AR20090013935 


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, award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and all other awards he may be entitled to and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the addition of his already-awarded Army Commendation Medal with “V” Device on his DD Form 214.

2.  The applicant states, in effect, that all the awards he may have earned for his service in Vietnam are not reflected on his DD Form 214.  He also states that he did not know about these awards until he attended a reunion.

3.  In support of his application, the applicant provides a copy of a notice informing him of his eligibility for the Republic of Vietnam Gallantry Cross with Palm Unit Citation in accordance with Department of the Army General Order (DAGO) Number 42, dated 27 November 1972; a copy of Headquarters, Americal Division, General Orders Numbers 10287, awarding him the Army Commendation Medal with "V" Device, dated 8 August 1970, and a copy of his DD Form 214 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 records show he was inducted into the Army of the United States in rank/grade of private (PV1)/E-1 on 2 July 1969 for 2 years.

3.  On 11 August 1969, while undergoing basic combat training, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for absenting himself from his place of duty from 1145 hours, 
10 August 1969 to on or about 1705 hours, 10 August 1969.  His punishment included forfeiture of $26.00 for one month, and restriction and extra duty for 14 days.

4.  He subsequently served in Vietnam from 19 January 1970 to 6 December 1970: with the 23rd Administration Replacement Detachment from 26 January 1970 to 31 January 1970; with Company D, 1st Battalion, 46th Infantry from
1 February 1970 to 21 February 1970; and with Company B, 1st Battalion,
46th Infantry from 22 February 1970 to 5 December 1970.  During his tour he participated in the following three campaigns:  Vietnam Winter-Spring 1970
(1 November 1969 - 30 April 1970); Sanctuary Counteroffensive (1 May 1970 - 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

5.  The applicant submitted a copy of General Orders Number 10287, dated 8 August 1970, which awarded him Army Commendation Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 June 1970.

6.  The applicant was honorably released from active duty on 2 July 1971 at the expiration of his term of service in the rank/grade sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Army Commendation Medal with first oak leaf cluster.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record), shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal with "V" Device, Army Commendation Medal with first oak leaf cluster, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Expert Marksmanship Qualification Badge with Machinegun (M-60) and Rifle (M-14) Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  The applicant's record shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence the applicant was found disqualified for award of the Good Conduct Medal.

10.  The applicant also submitted a copy of a notification pertaining to DAGO Number 42, dated 27 November 1972, which awarded his unit (1st Battalion, 46th Infantry), the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service 31 March 1970 through 30 June 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the Republic of Vietnam, the applicant’s unit (1st Battalion,
46th Infantry) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 42, dated 1972.


DISCUSSION AND CONCLUSIONS:

1.  DAGO Number 42 awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment to the unit.  Therefore, he is entitled to correction of his records to show this unit award.

2.  The evidence of record confirms that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun (M-60) and Rifle (M-14) Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).  Therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is evidence of minor indiscipline during his service; however, this minor indiscipline should not over-shadow his achievements.  While in the Army, he attained the rank/grade of SGT/E-5 and received "excellent" conduct and efficiency ratings.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period 2 July 1969 to 2 July 1971 and to have it added to his DD Form 214.

4.  The evidence further confirms the applicant is entitled to two additional bronze service stars to be affixed to his already-awarded Vietnam Service Medal. Therefore, he is entitled to correction of his records to show the Vietnam Service Medal with three bronze service stars.

5.  The evidence shows the applicant was awarded the Army Commendation Medal with “V” Device for heroism while serving in the Republic of Vietnam.  This award is not shown on his DD Form 214.  Therefore, it would be appropriate to add this award 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star;

   b.  awarding him the Army Good Conduct Medal (First Award) for the period 
2 July 1969 to 2 July 1971;

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal with “V” Device, Army Good Conduct Medal (First Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14); Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and

   d.  providing him a correction to his separation document that includes these awards.



      _____________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)                                         AR20090013935



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090013935


   
5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1