IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017810 


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 he be provided a DD Form 215 (Correction to the DD Form 214) to show all of medals he is entitled to receive to include the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states his Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation are missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214.  In addition, he provides the certificate and the citation for award of the Bronze Star Medal.

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 8 October 1969 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 98G (Voice Interceptor).

3.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO Special Orders 342, dated 8 December 1969 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

4.  The applicant arrived in the Republic of Vietnam on 24 May 1971.  The applicant was assigned to Headquarters and Headquarters Company, 509th Radio Research Group in the Republic of Vietnam from 15 July 1971 to 7 May 1972.

5.  Headquarters, United States Army Vietnam General Orders Number 709, dated 4 April 1972, awarded the applicant the Bronze Star Medal for meritorious achievement during the period of service from June 1971 to May 1972.

6.  On 8 May 1972, the applicant was honorably released from active duty due to the Phasedown Release Program.  He had completed 2 years, 7 months, and 
1 day of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960

7.  Headquarters, United States Army Vietnam letter, dated 11 January 1973, authorized the applicant to accept and wear the Republic of Vietnam Technical Service Medal, Second Class.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Additionally, there is no evidence the applicant was disqualified from receiving the Army Good Conduct Medal.  The available records do not show the applicant had a disciplinary history, lost time, or any adverse information.  He received conduct and efficiency ratings of “excellent” or “unknown" throughout his period of service.


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

* 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)
* Vietnam Cease-Fire Campaign (30 March 1972 - 28 January 1973)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to Headquarters and Headquarters Company, 509th Radio Research Group, the unit received the Meritorious Unit Commendation (Army) for the period from 
1 January 1971 to 30 June 1972.

11.  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.  

12.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

13.  Army Regulation 600-8-22 (Military Awards) states commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign decorations listed in Table E-1 (Foreign Decorations) of this regulation.  The Republic of Vietnam Technical Service Medal, Second Class is listed in Table E-1.

14.  Army Regulation 600-8-22 also authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states 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 all of his medals are not listed on his DD Form 214, including the Bronze Star Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  Orders in the applicant's military personnel records show he was awarded the Bronze Star Medal and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.  Therefore, these awards should be added to his 
DD Form 214.

3.  The applicant is authorized to accept and wear the Republic of Vietnam Technical Service Medal, Second Class.  Therefore, this award should be included on his DD Form 214.

4.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 8 October 1969 to 8 May 1972 ending with termination of a period of Federal military service.  This award should be included on his 
DD Form 214.

5.  The applicant was serving with Headquarters and Headquarters Company, 509th Radio Research Group during the period the unit was cited for a Meritorious Unit Commendation (Army).  Therefore, the applicant is authorized this award and to have it included on his DD Form 214.

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

7.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized this award and to have it included on his DD Form 214.


BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for the period of service from
8 October 1969 to 8 May 1972.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Technical Service Medal, Second Class
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars



      _______ _   _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)                                         AR20090017810



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017810



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1