IN THE CASE OF:	

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011709 


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 all of the awards associated with his tour of duty in the Republic of Vietnam (RVN).

2.  The applicant states he is missing the Meritorious Unit Commendation, Presidential Unit Citation, and the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
4 November 1967.

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 military service record shows he enlisted in the Regular Army on 4 November 1964, for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 45B (Small Arms Repairman).  He later attended the Basic Airborne Course.

3.  The applicant served in Vietnam and was assigned to Headquarters and Headquarters Company, 5th Special Forces Group during the period 31 October 1966 through 2 November 1967.  On 4 November 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual), St. Louis, MO.  He completed a total of 3 years and 1 day of total active service and 1 year and 4 days of foreign service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Parachutist Badge, and Combat Infantryman Badge.

5.  A review of the applicant's record reveals he is entitled to additional awards that are not shown on his DD Form 214.

6.  The applicant's record is void of any documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is also void of any derogatory information that could serve to disqualify him for this award.

7.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

8.  Department of the Army General Orders Number 45, dated 1969, awarded the 5th Special Forces Group the Presidential Unit Citation for the period 
1 November 1966 to 31 January 1968.

9.  Department of the Army General Orders Number 59 dated 1969, awarded the 5th Special Forces Group the RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1964 to 17 May 1969.

10.  Department of the Army General Orders Number 70, dated 1969, awarded the 5th Special Forces Group the Meritorious Unit Commendation for the period 31 January 1968 to 31 December 1968.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's period of service:

* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to add the MUC, PUC and RVN Gallantry Cross with Palm Unit Citation for his service in Vietnam was carefully considered and was found to be partially supported by the evidence.

2.  The evidence of record confirms the applicant served honorably during the period 4 November 1964 through 4 November 1967.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service it would be appropriate to award him the first AGCM and to correct his DD Form 214 to reflect this medal.   

3.  General Orders awarded the applicant's unit the Presidential Unit Citation and RVN Gallantry Cross with Palm Unit Citation which are not shown in his records.  He is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in Vietnam.  He is entitled to award of two bronze service stars for wear on the already-awarded Vietnam Service Medal.

5.  The applicant served in Vietnam during a period of service which was outside the designated period of eligibility for award of the Meritorious Unit Commendation.  Therefore, he is not entitled to this unit 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 Army Good Conduct Medal (1st Award) for the period 
4 November 1964 through 3 November 1967; 

	b.  deleting from item 24 of his DD Form 214, the Vietnam Service Medal;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and

   d.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars

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 award of the Meritorious Unit Commendation.




      _______ _   _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)                                         AR20100011709



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ABCMR Record of Proceedings (cont)                                         AR20100011709



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