IN THE CASE OF:	

		BOARD DATE:	  6 April 2010

		DOCKET NUMBER:  AR20090015822 


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 award of the Army Good Conduct Medal and its addition on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214.

2.  The applicant states these awards were not included on his DD Form 214.

3.  The applicant provides no additional evidence 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 military personnel records show he enlisted in the Regular Army on 12 May 1969 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 97D (Military Intelligence Coordinator).

3.  The applicant was assigned to the 574th Military Intelligence Detachment in the Republic of Vietnam from 5 June 1970 to 26 December 1971.

4.  Headquarters, United States Army Vietnam, General Orders Number 463, dated 2 March 1971, awarded the applicant the Army Commendation Medal.

5.  On 30 December 1971, the applicant was released from active duty.  He had completed 2 years, 7 months, and 19 days of creditable active service that was characterized as honorable.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Meritorious Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show he was awarded the Army Commendation Medal, Army Good Conduct Medal, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the following four campaigns: 

* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)

   * Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)

* Consolidation I Campaign (1 July 1971 - 30 November 1971)

* Consolidation II Campaign (1 December 1971 - 29 March 1972)
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
574th Military Intelligence Detachment, the unit received the following two awards:

* Meritorious Unit Commendation (Army) 1 January - 31 December 1970
 by Department of the Army General Orders (DAGO) 52, dated 1974

   * Meritorious Unit Commendation (Army) 1 January 1971 - 12 February 1973 by DAGO 6, dated 1976

10.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 8, dated 1974.

11.  Army Regulation 672-5-1 (Military 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 each 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.

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

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Army Good Conduct Medal and that this award and the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation should be added to his 
DD Form 214.


2.  The applicant was awarded the Army Commendation Medal.

3.  The applicant's records do not show indiscipline or lost time and he received "excellent" conduct and efficiency ratings throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 12 May 1969 to 30 December 1971 ending with termination of a period of Federal military service.

4.  The applicant's unit was awarded two Meritorious Unit Commendations (Army) during the period he was assigned to it.  Therefore, he is entitled to the Meritorious Unit Commendation with First Oak Leaf Cluster.

5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

6.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 and the Meritorious Unit Citation,

   b.   awarding him the Army Good Conduct Medal (first award) for the period 12 May 1969 to 30 December 1971, and

   
c.  adding to item 24 of his DD Form 214 the following awards:

* Army Commendation Medal

* Army Good Conduct Medal

* Meritorious Unit Commendation with First Oak Leaf Cluster

* Vietnam Service Medal with four bronze service stars

* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20090015822



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ABCMR Record of Proceedings (cont)                                         AR20090015822



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