IN THE CASE OF:	

		BOARD DATE:	  22 April 2010

		DOCKET NUMBER:  AR20090018002 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Army Commendation Medal (3rd Award), a silver service star and a bronze service star to be affixed to his Vietnam Service Medal, two awards of the Army Good Conduct Medal, and three awards of the Meritorious Unit Commendation

2.  The applicant states he earned the awards but they are not listed on his 
DD Form 214.

3.  The applicant provides computer printouts of the criteria for each award; a copy of General Orders Number 6, issued by Headquarters, 59th Engineer Group, on 26 May 1964; and General Orders Number 3505, 3924, and 4633, issued by Headquarters, U.S. Army Vietnam (USARV) on 29 July 1970, 24 August 1970, and 28 September 1970 respectively, in support of his request.

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 enlisted in the Ohio Army National Guard (OHARNG) on 16 May 1960.  He entered active duty for training (ACUDTRA) on 19 August 1960, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 612.00 (Combat Engineer).  He was honorably released from ACUDTRA on 18 February 1961 to the control of his ARNG unit.

3.  His records also show he was ordered to active duty from the ARNG on 1 October 1961 and he was honorably discharged on 23 November 1961 for the purpose of immediate enlistment in the Regular Army (RA).

4.  His records further show he enlisted in the RA on 24 November 1961.  He was trained in and held MOS 76C (Engineering Supply and Parts Specialist).  He was initially assigned to Fort Rucker, AL. 

5.  His DA Form 20 (Enlisted Qualification Record) contains conflicting information regarding his foreign service:

	a.  Item 31 (Foreign Service) shows he served in Germany from on or about 19 June 1962 to 5 June 1964, Vietnam from on or about 13 May to 27 August 1965, and Vietnam from on or about 21 December 1965 to 1 February 1966. 

	b.  Item 38 (Record of Assignment) shows he served in the U.S. Army Europe (USAREUR) from 29 June 1962 to 8 July 1964.  On 8 July 1964, his unit was transferred to Fort Wolters, TX.  He returned to USAREUR on 10 May 1965 and was ultimately transferred to Fort Benning, GA, on 16 September 1965.  He was transferred to Fort Campbell, KY on 19 November 1965 and was transferred with his unit to the U.S. Army Pacific Command (USARPAC) on 13 January 1966.  He departed USARPAC for El Paso, TX, in a patient status on 1 February 1966.

6.  On 23 September 1964, at Fort Wolters, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.  His punishment consisted of a forfeiture of $30.00 pay and 14 days of restriction.


7.  On 9 February 1965, at Fort Wolters, he again accepted NJP under the provisions of Article 15 of the UCMJ for failing to go at the time prescribed to his appointed place of duty.  His punishment consisted of a reduction to private first class (PFC)/E-3 (suspended for 6 months) and a forfeiture of $20.00 pay for 
1 month.

8.  He was honorably discharged in the rank/grade of specialist four (SP4)/E-4 on 27 September 1966 for the purpose of immediate reenlistment.  

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 27 September 1966 shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

10.  His records show he reenlisted in the RA on 28 September 1966 and held MOS 76Q (Equipment Repair and Parts Specialist).  His records also show he completed the following periods of foreign service:

	a.  He served in Okinawa, USARPAC from on or about 27 February 1968 to 26 August 1969.  He was assigned to the 340th Support Command.

	b.  He served in Vietnam from on or about 23 September 1969 to 
22 September 1970.  He was assigned to the 87th Engineer Company.

11.  On 22 December 1967, he pled guilty at a special court-martial for one specification of being absent without leave (AWOL) from on or about 23 October through 5 December 1967.  The court sentenced him to confinement at hard labor for 6 months and a forfeiture of $96.00 pay for 6 months.  The convening authority approved his sentence on the same day but reduced the sentence to a forfeiture of pay and hard labor without confinement for 3 months.  

12.  His records show he accepted NJP under the provisions of Article 15 of the UCMJ as follows:

	a.  On 17 February 1969, in Okinawa, for violating a lawful general regulation. His punishment consisted of a forfeiture of $20.00 pay and 14 days of restriction.

	b.  On 26 March 1969, in Okinawa, for wrongfully possessing marijuana.  His punishment consisted of a reduction to private (PV2)/E-2 and a forfeiture of $50.00 pay.

	c.  On 17 March 1970, in Vietnam, for disobeying a lawful order.  His punishment consisted of an admonishment and a forfeiture of $20.00 pay (suspended until 17 April 1970).

13.  On 13 December 1970, he departed his Fort Hood, TX, unit in an AWOL status and was subsequently dropped from Army rolls (DFR).  He returned to military control on 26 January 1971 and was placed in pre-trial confinement from 27 January through 21 February 1971.  

14.  On or about 3 March 1971, subsequent to court-martial charges being preferred against him, he requested discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge.  His request was approved and he was ultimately discharged in the rank/grade of private (PVT)/E-1 on 28 April 1971.  

15.  Item 24 (Decorations, Medals, badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 28 April 1971 shows the Army Commendation Medal (1st Oak Leaf Cluster) and the Vietnam Campaign Medal.

16.  On 21 June 1977, the Army Discharge Review Board (ADRB) considered his request under the Department of Defense (DOD) Special Discharge Review Program (SDRP) and directed that his under other than honorable conditions discharge be upgraded to a general discharge under honorable conditions, effective 18 May 1977.  Accordingly, he was reissued a DD Form 214.

17.  Headquarters, USARV issued the following orders:

	a.  General Orders Number 3505, dated 29 July 1970, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 27 February 1969 to 26 July 1970.

	b.  General Orders Number 3924, dated 24 August 1970, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in Vietnam from September 1969 to September 1970.

	c.  General Orders Number 4633, dated 28 September 1970, awarded him Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in Vietnam from September 1969 to September 1970.


18.  Headquarters, 39th Engineer Group, General Orders Number 6, dated 26 May 1964, awarded the 79th Engineer Battalion (his unit of assignment in USAREUR), the Meritorious Unit Commendation, for exceptionally meritorious achievement from October 1963 to February 1964.

19.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	c.  Appendix B shows that during his service in Vietnam from on or about 23 September 1969 to 22 September 1970, he participated in four campaigns as follows:  the Vietnam Summer –Fall 1969 (9 June 1969 to 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970), DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970), and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  This regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver bronze star denotes 5 bronze service stars.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 87th Engineer Company was awarded:

	a.  The Valorous Unit Award for service from 31 January to 19 February 1968, based on Department of the Army General Orders (DAGO) Number 48, dated 1968.

	b.  The Meritorious Unit Commendation, for service from 12 December 1966 to 31 October 1967, based on DAGO Number 72, dated 1968, and from 
1 January to 31 December 1968, based on DAGO Number 39, dated 1970.
	c.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 January to 19 February 1968, based on DAGO Number 43, dated 1970, and from 19 June 1968 to 31 July 1970, based on DAGO Number 51, dated 1971.

	d.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966 to 31 August 1970, based on DAGO Number 51, dated 1971. 

21.  His record is void of official orders awarding him the Good Conduct Medal.  However, item 38 of his DA Form 20 and his service records show the following:

	a.  From 24 November 1961 (the date he enlisted in the RA) through 23 November 1964, although he accepted NJP on 23 September 1964, he received "excellent" conduct and efficiency ratings and he had no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  

	b.  From 24 November 1964 through 23 November 1967, he mostly received "excellent" conduct and efficiency ratings.  However, on 10 May 1965, he received a "good" conduct and an "excellent" efficiency rating.  Additionally, during this period, he accepted NJP on 9 February 1965, at Fort Wolters, and he was AWOL on 23 October 1967.

	c.  From 24 November 1967 through 23 November 1970, he mostly received "excellent" conduct and efficiency ratings.  However, on 6 December 1967, he received "unknown" conduct and efficiency ratings; on 22 December 1967, he received "unsatisfactory" conduct and efficiency ratings; and on 15 March 1969, he received "fair" conduct and efficiency ratings.  Additionally, during this period of service, he pled guilty at and was convicted by a special court-martial to one specification of being AWOL from on or about 23 October through 5 December 1967.  

	d.  From 24 November 1970 through 28 April 1971, he received a mixture of "excellent," "good," and "unsatisfactory" conduct and efficiency ratings.  Additionally, he was in an AWOL and DFR status, and court-martial charges were preferred against him.  

22.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have 

completed a qualified period of active duty enlisted service.  This period was 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his awards and decorations.

2.  The evidence of record shows he served in Vietnam from on or about 23 September 1969 to 22 September 1970; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his DD Form 214 to show this award.  Furthermore, he participated in four campaigns while serving in Vietnam and is entitled to award of 4 bronze service stars for wear on his Vietnam Service Medal.

3.  With respect to his earlier service in Vietnam, his DA Form 20 reflects conflicting information regarding this service.  One section shows he was in Vietnam while the other shows he was either in Germany or at a continental United States installation.  In the absence of assignment, reassignment, or transfer orders, or other documents, there is insufficient evidence to confirm his service in Vietnam, or to grant him campaign participation credit, or any awards pertaining to this period of service.

4.  With respect to the Army Commendation Medal, general orders show he was awarded the first Army Commendation Medal for meritorious achievement in Vietnam from 27 February 1969 to 26 July 1970 (although his DA Form 20 shows he was in Okinawa from February 1968 through August 1969).  Additionally, general orders, issued by two separate headquarters, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in Vietnam for the same period of service, from September 1969 to September 1970.  But since only one decoration may be awarded to an individual or unit for the same act, achievement, or period of meritorious service, it appears the second set of orders was issued in error.  He is therefore entitled to only two awards of the Army Commendation Medal which is correctly shown on his DD Form 214.

5.  General orders awarded his unit (87th Engineer Company) the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam 

Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  General orders awarded his unit of assignment (the 79th Engineer Battalion), the Meritorious Unit Commendation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  With respect to the Good Conduct Medal (1st Award), the evidence of record confirms he served honorably from 24 November 1961 through 23 November 1964.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He did receive one Article 15, but it was for a minor offense (failure to go to his appointed place of duty).  The Article 15 did not prevent his 1966 reenlistment.  It appears it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of service and correction of his DD Form 214 to show this award.

8.  With respect to the Good Conduct Medal (2nd Award), the evidence of record shows he served from 24 November 1964 through 23 November 1967.  He received mostly "excellent" conduct and efficiency ratings.  However, on 10 May 1965, he received a "good" conduct rating.  Additionally, his record contains derogatory information in the form of one instance of AWOL on 23 October 1967 and one instance of NJP on 9 February 1965.  Therefore, he would not have been qualified for a second award of the Good Conduct Medal.

9.  With respect to the Valorous Unit Award, the evidence of record shows his unit of assignment in Vietnam, the 87th Engineer Company, was awarded the Valorous Unit Award for service from 31 January to 19 February 1968.  However, he was not serving with this unit at the time and he would not be entitled to this award.

10.  With respect to a second award of the Meritorious Unit Commendation, the evidence of record shows the 87th Engineer Company was awarded the Meritorious Unit Commendation for service from 12 December 1966 to 
31 October 1967 and from 1 January to 31 December 1968.  However, the applicant was not serving with this unit at the time and he would not be entitled to this award.


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.  awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 November 1961 through 23 November 1964; and 

	b.  adding to his DD Form 214, for the period ending on 28 April 1971, the Good Conduct Medal (1st Award), Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation.

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 a third award of the Army Commendation Medal, two additional awards of the Meritorious Unit Commendation, Valorous Unit Award, two additional bronze service stars to be affixed to his Vietnam Service Medal, and an additional award of the Army Good Conduct Medal.  




      _______ _   __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)                                         AR20090018002



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ABCMR Record of Proceedings (cont)                                         AR20090018002



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