IN THE CASE OF:	  

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090015612 


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 that all of his authorized awards to which he is entitled including but not limited to the Army Good Conduct Medal, Combat Medical Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the above awards were omitted.  He further states he was a medic in Vietnam from 25 August 1968 to 20 August 1969.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States and entered active duty on 13 March 1968.  He completed training in military occupational specialty (MOS) 91B (medical specialist) and he was posted to Vietnam.

3.  He arrived in Vietnam on 25 August 1968 and he was assigned to the U.S. Army Military Assistance Command Vietnam (MACV), I Corps Advisory Group, for duty with Advisory Team 2.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in items 38 (Record of Assignments) that he received "excellent" conduct and efficiency ratings throughout his service;

	b.  there are no discreditable entries of record such as adverse action, reduction in rank, or lost time; and

	c.  item 41 (Awards and Decorations) lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, 2 Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Expert Marksmanship Qualification Badge with Rifle
(M-16) Bar. 

5.  He departed Vietnam on 20 August 1969 and was honorably released from active duty on 12 March 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards), Appendix B, shows the campaigns periods for Vietnam.    The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant’s tour in Vietnam he participated in four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969).

9.  Army Regulation 600-8-22 provides special provisions for award of the Combat Medical Badge during the Vietnam conflict.  These provisions permitted award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size including Special Forces Detachments serving with the Republic of Vietnam units engaged in actual ground combat.  The special provisions required the Soldier to be personally present and under hostile fire while assigned as specified.

10.  Department of the Army Pamphlet 671-3 (Unit Citation and Campaign Participation Credit Register) shows: 

   a.  U.S. Army Vietnam and subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 - 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.
   
   b.  MACV was awarded the Meritorious Unit Commendation for the period 1 September 1967 - 31 October 1968 by DAGO Number 37, dated 1970, and
1 November 1968 - 30 June 1970 by DAGO 51, dated 1971.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Unit Commendation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states at least the Army Good Conduct Medal, Combat Medical Badge, and the Republic of Vietnam Gallantry Cross with Palm and Republic of Vietnam Civil Actions Honor Medal First Class unit citations should be shown on his DD Form 214.

2.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is also no discreditable information in his records.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) and it should be shown on his DD Form 214.

3.  Records show the applicant was awarded the Vietnam Service Medal.  He participated in four campaigns while serving in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant's unit was authorized two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.

5.  There is no available evidence that the applicant was awarded the Combat Medical Badge or that he was assigned or attached to an infantry unit and that he was present and performing medical duties with such a unit while under hostile fire.  Therefore, he is not entitled to the Combat Medical Badge.

6.  There is no available evidence that while the applicant was assigned to MACV it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, there is no basis for adding this unit award to his DD Form 214.
 
7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.

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: 

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

   b.  awarding him the Army Good Conduct Medal (1st award) for the period
13 March 1968 - 12 March 1970; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation (two awards), and the RVN Gallantry Cross with Palm Unit Citation (two awards).

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 showing the Combat Medical Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his 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)                                         AR20090015612



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ABCMR Record of Proceedings (cont)                                         AR20090015612



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