IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100007816 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was promoted to specialist five (SP5)/E-5 and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he was promoted to SP5 on 22 March 1971 but it is not annotated on his DD Form 214.  He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides copies of his DD Form 214, 101st Airborne Division Special Orders, and an internet printout on the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  On 15 September 1969, the applicant enlisted in the Regular Army, completed the training requirements, and was awarded military occupational specialty 68B (Aircraft Turbine Engine Repairman).

3.  101st Airborne Division Special Orders 81, dated 22 March 1971, promoted the applicant to SP5/E-5 effective 15 March 1971.

4.  The applicant was honorably released from active duty on 16 March 1972.  His DD Form 214 provides the following information:

* rank and pay grade of SP4, E-4 and with a date of rank of 13 February 1970
* 2 years, 6 months, and 2 days of creditable service with no time lost
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* service in Vietnam from 25 March 1970 through 25 February 1971

5.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information:

* service in Vietnam from 25 March 1970 through 25 February 1971 with 327th Transportation Detachment, 101st Airborne Division
* conduct and efficiency ratings of exclusively "excellent"
* participation in one campaign
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  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 while the applicant was assigned to the 327th Transportation Detachment the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying although a "Good" academic mark in a service school was not disqualifying.  

8.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized based on qualifying service for each designated campaign period listed in Appendix B of this regulation and that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods:  the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was promoted to SP5/E-5 on 22 March 1971 but it is not annotated on his DD Form 214.  He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  101st Airborne Division Special Orders 81 show the applicant was promoted to SP5 effective 22 March 1971.  There are no revocation orders or evidence of any action that would have resulted in a reduction to SP4.  Therefore, it would be appropriate to correct his DD Form 214 to show his rank and pay grade as SP5/E-5 and his date of rank as 15 March 1971.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his promotion to SP5.  The record contains no evidence of any disqualifying incidents, recommendations, or court-martials.  It would be appropriate to award the applicant the Good Conduct Medal for his period of service from 15 September 1969 through 16 March 1972.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed on the DD Form 214 the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding the applicant the Good Conduct Medal for the period 15 September 1969 through 16 March 1972; 

	b.  adding to the awards listed on the DD Form 214 the Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars on his Vietnam Service Medal;

	c.  deleting from item 5a (Grade, Rate or Rank) "SP5," item 5b (Pay Grade) "E-5," and item 6 (Date of Rank) "13 Feb 70"; and

	d.  adding to item 5a "SP5," item 5b "E-5," and item 6 "15 Mar 71."



      _________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)                                         AR20100007816



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)