IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000836 


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 military records to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Service Ribbon.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 November 1971.

3.  The applicant provides a copy of his DD Form 214 and a one-page internet document from http://ranger95.com/cavalry/3_5_cav_nam.html.

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 enlisted in the Regular Army on 31 March 1970 and successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  The applicant arrived in Vietnam on 16 September 1970 and he was assigned to B Company, 2nd Battalion, 8th Infantry, 4th Infantry Division.  He was reassigned to C Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division on 
30 November 1970.

4.  On 4 March 1971, the applicant departed Vietnam after participating in one campaign.  On 30 November 1971, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 1 year and
8 months of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60)

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.

7.  Department of the Army General Orders (DAGO) 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

8.  Army Regulation 600-8-22 (Military Awards) states the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective
1 August 1981, all members of the Active Army, Army National Guard, and Army

Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

9.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2.  The applicant participated in one campaign phase during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show the addition of the bronze service star.

3.  The applicant was released from active duty in the rank/grade of SP4/E-4 with 1 year and 8 months of creditable active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (first award) for the period 31 March 1970 through 30 November 1971.  Therefore, he is eligible for award of the Army Good Conduct Medal (first award) and correction of his DD Form 214 to show this award.

4.  The applicant was honorably released from active duty 30 November 1971.  Army Regulation 600-8-22 specifically states that the Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.  There is no record the applicant served in an Active Army status on or after 1 August 1981; therefore, he does not meet the eligibility criteria for the Army Service Ribbon.

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;

   b.  awarding him the Army Good Conduct Medal (first award) for the period
31 March 1970 through 30 November 1971; and

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

* Army Good Conduct Medal (first award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm 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 award of the Army Service Ribbon.



      ___________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)                                         AR20100000836



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ABCMR Record of Proceedings (cont)                                         AR20100000836



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