IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019033 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Good Conduct Medal
* Presidential Unit Citation
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Two additional bronze service stars with the Vietnam Service Medal
* Two overseas service bars

2.  The applicant states he served as an infantryman with D Company, 2nd Battalion, 8th Cavalry in the RVN and the above awards are not listed on his
DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 9 January 1970; a copy of his DD Form 215 (Correction to DD Form 214), dated 22 February 2002; a copy of General Orders Number 169, issued by Headquarters, 1st Cavalry Division, on 17 June 1968; and a copy of an extract of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

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 on 12 January 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  His records further show he served in RVN from on or about 11 June 1968 to 9 June 1969 as follows:

	a.  From on or about 17 June 1968 to 22 January 1969, he was assigned to Company D, 2nd Battalion, 8th Cavalry; and

	b.  From on or about 22 January 1969 to 9 June 1969, he was assigned to Company D, 51st Infantry.

4.  He was honorably released from active duty on 9 January 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with 2 bronze service stars, National Defense Service Medal, RVN Campaign Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Pistol Bars, and First Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  On 22 February 2002, he was issued a DD Form 215 that added award of the Air Medal.

7.  His record is void of official orders awarding him the Good Conduct Medal.  His record is also void of any derogatory information in the form of a court-martial, lost time, nonjudicial punishment or a suspension of favorable personnel actions that would have disqualified him from receiving his first award of the Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  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. 

9.  Department of the Army Pamphlet 672-3 shows that the 2nd Battalion,
8th Cavalry was awarded the awards below, some of which occurred prior or after the applicant's assignment to this unit:

	a.  Presidential Unit Citation, from 23 October 1965 to 26 November 1965, based on Department of the Army General Orders (DAGO) Number 40, dated 1967.

	b.  Valorous Unit Award, from 1 May 1970 to 29 June 1970, based on DAGO Number 43, dated 1972.

	c.  RVN Gallantry Cross with Palm Unit Citation, from 9 August 1965 to 19 May 1969, based on DAGO Number 59, dated 1959; 1 May 1969 to 28 February 1970, based on DAGO Number 11, dated 1973 (amended DAGO Number 42, dated 1972); 21 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972; and 17 September 1965 to 30 June 1972, based on DAGO Number 54, dated 1975.

	d.  RVN Civil Actions Honor Medal First Class Unit Citation, from 1 January 1969 to 1 February 1970, based on DAGO Number 42, dated 1972.

10.  Department of the Army Pamphlet 672-3 shows that Company D, 51st Infantry, was awarded the Meritorious Unit Commendation, from 1May 1967 to 30 April 1968, based on DAGO Number 55, dated 1968.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that he participated in 5 campaigns during his service in Vietnam:  The Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969); TET 69 Counteroffensive (23 February 1969 to 8 June 1969); and Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969) campaigns.  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 service star denotes 5 bronze service stars.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Good Conduct Medal, Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Medal First Class Unit Citation, 2 additional bronze service stars with the Vietnam Service Medal, and 2 overseas service bars.

2.  The evidence of record confirms the applicant served honorably from 
12 January 1968 through 9 January 1970.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He was awarded the Air Medal and the Combat Infantryman Badge, and he attained the rank/grade of SP5/E-5.  In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal it would be appropriate to award him the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant's unit (the 2nd Battalion, 8th Cavalry) the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.


4.  The available evidence shows the 2nd Battalion, 8th Cavalry, was awarded the Presidential Unit Citation for service from 23 October to 26 November 1965.  However, he was not serving with this unit at the time and he would not be entitled to this award.  Additionally, there is no evidence that he was assigned to any other unit that was awarded the Presidential Unit Citation.

5.  The evidence of record shows he served in Vietnam from on or about 11 June 1968 to on or about 9 June 1969 and he was awarded the Vietnam Service Medal.  Furthermore, he participated in five campaigns while serving in Vietnam, three of which are not shown on his records; therefore, he is entitled to award of a silver service star for wear on his Vietnam Service Medal.

6.  The overseas service bar is an item of clothing governed by Army Regulation 670-1.  Although his service in Vietnam qualifies him for 2 overseas service bars, there is no provision to list items of clothing on the DD Form 214.

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 12 January 1968 through 9 January 1970;

	b.  deleting the Vietnam Service Medal with 2 bronze service stars; and

	c.  adding to his DD Form 214, the Good Conduct Medal (1st Award), Vietnam Service Medal with a silver service star, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

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 the Presidential Unit Citation and his overseas service 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)                                         AR20090019033



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ABCMR Record of Proceedings (cont)                                         AR20090019033



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