IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007181 


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 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal based on Executive Order Number 10444, dated 10 April 1953
* Additional bronze service stars for wear on his Vietnam Service Medal
* Unspecified unit citations
* Presidential Unit Citation

2.  The applicant states he believes he is entitled to these awards.

3.  The applicant provides a copy of his DD Form 214 and a judgment changing his name.

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 was inducted into the Army of the United States on 25 February 1969.  His highest rank/grade attained was specialist four (SP4)/E-4.

3.  He was assigned to Vietnam on 10 August 1969 with Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division.

4.  Headquarters, 4th Infantry Division, General Orders Number 3820, dated 10 July 1970, awarded the applicant the Army Commendation Medal for meritorious service from August 1969 to August 1970 in the Republic of Vietnam.

5.  The applicant departed Vietnam on 9 August 1970.  He was credited with participation in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

6.  The applicant was honorably released from active duty on 12 March 1971 in the rank/grade of SP4/E-4.  He completed 1 year, 11 months, and 29 days of active service with 17 days of time lost.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  His service record shows he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on two separate occasions for being absent without leave (AWOL) for a total of 17 days.  

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the National Defense Service Medal.

9.  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 pamphlet shows that at the time of the applicant's assignment to Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division, this unit was cited for the following awards: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 - 17 November 1970 by Department of the Army General Orders (DAGO) 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 - 31 October 1969 by DAGO 54, dated 1970

10.  Department of the Army Pamphlet 672-3 shows that Company D of the 704th Maintenance Battalion, 4th Infantry Division was cited for award of the Presidential Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal was established by Executive Order 8809 , 28 June 1941 and was amended by Executive Order 9323 1943 and by Executive Order 10444, 10 April 1953.  It is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes himself or herself from among his or her fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service, as outlined in this chapter. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. 

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division when this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

2.  The applicant’s service records show he received "excellent" conduct and efficiency ratings throughout his service and he was promoted to SP4/E-4 during this period.  However, he received two Article 15s for being AWOL for a period of 17 days.  This period of AWOL is a disqualifying factor on which to base denying the applicant the Army Good Conduct Medal.  Therefore, he is not eligible for award of the Army Good Conduct Medal (1st Award).

3.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participating in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant was assigned to Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division when this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

5.  Department of the Army Pamphlet 672-3 shows Company D, 704th Maintenance Battalion was cited for award of the Presidential Unit Citation.  However, the evidence of record shows the applicant was assigned to Headquarters and Company A of this battalion during his tour in Vietnam.  Therefore, he is not entitled to award of the Presidential Unit Citation.

6.  General orders awarded the applicant the Army Commendation Medal for meritorious service from August 1969 to August 1970 in the Republic of Vietnam.  Therefore, this award should be added to his 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars; and 

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam 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 adding the Army Good Conduct Medal and the Presidential Unit Citation to his DD Form 214.




      ___________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)                                         AR20100007181



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ABCMR Record of Proceedings (cont)                                         AR20100007181



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