IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100012071 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation and Republic of Vietnam Campaign Medal.

2.  He states this information was omitted from his DD Form 214.  He was awarded the Presidential Unit Citation in 1967 after he was discharged.  

3.  He provides copies of his DD Form 214, his letters to the U.S. Army Tank-Automotive and Armament Command (TACOM) and the National Personnel Record Center (NPRC), and the reply from NPRC.

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 records show he was inducted into the Army of the United States, in pay grade E-1, on 5 March 1964.  He completed training and was awarded military occupational specialty 76K (General Supply Clerk).  He served in Vietnam from 17 August 1965 through 23 February 1966, a period of 6 months and 7 days.  He was assigned to Headquarters and Headquarters Company and Band, 1st Cavalry Division, during two campaigns.  

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he had all "excellent" conduct and efficiency ratings.

4.  He was honorably released from active duty in pay grade E-4 on 24 February 1966, as an overseas returnee, and was transferred to the U.S. Army Reserve. 

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the Vietnam Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  He provided copies of his letters to TACOM and NPRC and a reply from NPRC.  

7.  Army Regulation 600-8-22 (Military Awards) specifies the Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

8.  Army Regulation 600-8-22 also specifies the Army 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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 further authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit was cited for award of the Presidential Unit Citation, for the period 23 October to 26 November 1965, by Department the Army General Order Number 40, dated 1967.  His unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Order Number 28, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders entitled the applicant's unit to award of the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214.

2.  The evidence of record shows he completed a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, it would also be appropriate to correct his records to show the Republic of Vietnam Campaign Medal with Device (1960) on his DD Form 214.

3.  He completed a qualifying period of service for the first award of the Good Conduct Medal.  There is no evidence in the available records which shows he was disqualified for this award.  Therefore, he is entitled to award of the Good Conduct Medal for the period 5 March 1964 through 24 February 1966 and correction of his records to show the award of the Good Conduct Medal (First Award).

4.  The evidence of record also shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 (First Award) for the period 5 March 1964 through 24 February 1966; 

	b.  adding to Item 26 of his DD Form 214 the Presidential Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal (First Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his Vietnam Service Medal; and

	c.  providing him a corrected DD Form 214 that includes these awards.  



      _______ _  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)                                         AR20100012071



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ABCMR Record of Proceedings (cont)                                         AR20100012071



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