IN THE CASE OF:	  

		BOARD DATE:	  4 November 2010

		DOCKET NUMBER:  AR20100012137


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 he be awarded the Good Conduct Medal and that his DD Form 214 (Report of Transfer or Discharge) be corrected to include the Combat Medical Badge, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Special Forces Tab.

2.  The applicant states that the Good Conduct Medal and the Combat Medical Badge were omitted from his DD Form 214 due to an administrative oversight.  The Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Special Forces Tab were not listed on the DD Form 214 because the authorizations for these awards did not occur until after he had been discharged.  
 
3.  The applicant provides copies of his DD Form 214; a Special Forces Training Group Certificate of Training; 5th Special Forces Group Orders for the Combat Medical Badge, a Letter of Commendation; U. S. Army Vietnam General Order Number 3892 (for the Meritorious Unit Commendation); Department of the Army General Order (DAGO) Number 45, dated 1969 (DAGO 45, 1969) (for the Presidential Unit Citation); DAGO 59, 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Commendation; the excerpts from Department of Army Pamphlet 672-3 (Unit Citation and Campaign Participation Register) for 5th Special Forces Group, U. S. Army Special Forces Epidemiological Survey Team (Airborne), and U. S. Army Medical Research Team (Vietnam); and excerpts from Army Regulation 600-8-22 (Military Awards) for the Good Conduct Medal and the Special Forces Tab. 
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 24 February 1964, completed training, and was initially awarded military occupational specialty (MOS) 112 (Heavy Weapons Infantryman).  This MOS was redesignated 11C (Infantry Indirect Fire Crewman).

3.  He also completed basic airborne training, with award of the Parachutist Badge and special skills designator "7."  He completed Special Forces training, with award of MOS 933.13 and special qualification identifier "S."  Additionally, he completed Preventive Medicine Specialist training with award of the MOS 91S.

4.  2nd Training Regiment (Basic) Special Orders Number 93, dated 5 May 1965, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  A Letter of Commendation, dated 6 December 1965, commended the applicant for his work over the proceeding five months.  It stated that the applicant had volunteered for a one-year deployment as a part of a medical research team in Vietnam.

6.  He was promoted to specialist five on 21 April 1966.

7.  5th Special Forces Group Special Orders, dated 29 January 1967, awarded the applicant the Combat Medical Badge. [The order number is obscured by a hole punch.]  These orders show his assignment as with FEST (Field Epidemiological Survey Team, a.k.a. Special Forces Epidemiological Survey Team - Vietnam).

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

	a.  block 31 (Foreign Service) shows service in Vietnam from 27 September 1966 through 13 February 1967;

	b.  block 38 (Record of Assignments) is incomplete.  It shows on 15 May 1966 assignment to Walter Reed Army Institute of Research, Walter Reed Army Medical Center Washington, D. C. with attachment to Headquarters and Headquarters Company, 7th Special Forces Group, Fort Bragg, NC.  The next entry, 10 February 1967, is en route to CONUS with no subsequent entries;

	c.  block 38 also records the applicant's conduct and efficiency rating as "excellent" with the exception of one period, as a student, as "good/fair"; and

	d.  block 41 (Awards and Decorations) lists his awards as the Parachutist Badge, Armed Forces Expeditionary Medal (Dominican Republic), National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.

9.  The applicant's DD Form 214 lists his awards as the Parachutist Badge, Armed Forces Expeditionary Medal (Dominical Republic), Vietnam Service Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

10.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

11.  The record does not contain any documentation showing that the applicant was assigned to the U. S. Army Medical Research Team (Vietnam) in addition to his assignment to the FEST - Vietnam. 

12.  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 the units, to which the applicant was assigned, was cited for awards as follows:

* DAGO 45, 1969, awarded the 5th Special Forces Group (Airborne), 1st Special Forces and its assigned and attached units, the Presidential Unit Citation for its service from 1 November 1966 - 31 January 1968 

* DAGO 59, 1969 awarded the 5th Special Forces Group (Airborne), 1st Special Forces the Republic of Vietnam Gallantry Cross with Palm Unit Commendation for the period 1 October 1964 - 17 May 1969

* DAGO 59, 1969 awarded the U. S. Army Special Forces Epidemiological Survey Team (Airborne) the Presidential Unit Citation for the period          1 November 1966 through 31 January 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 30 June 1967 through 17 May 1969

13.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings, or an academic "good" rating, with no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  At that time, a disqualification was normally noted on the DA Form 20.

14.  Army Regulation 600-8-22 (Military Awards) provides the following information:

	a.  the Special Forces Tab may be awarded to all personnel who, prior to 1 January 1988, successfully completed the then-approved program of instruction for Special Forces qualification in a Special Forces Group, and who were subsequently awarded skill qualification identifier (SQI) “S”;

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized 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 participated during one campaign period: the Counteroffensive Phase II, 1 July 1966 – 31 May 1967;

	c.  an oak leaf cluster is authorized for wear for each additional award of the Presidential Unit Citation and Meritorious Unit Commendation; and


	d.  not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Good Conduct Medal and the Combat Medical Badge were omitted from his DD Form 214 due to an administrative oversight.  The Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Special Forces Tab were not listed on the DD Form 214 because the authorizations for these awards did not occurred until after he had been discharge.

2.  The applicant's DA Form 20 shows he received mostly "excellent" conduct and efficiency ratings; however, it also shows he had one period where his conduct and efficiency was rated "good/fair."  Regrettably, that rating disqualified him from award of the Good Conduct Medal.

3.  The applicant's award of the Combat Medical Badge was omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to include this award.

4.  The applicant completed basic Special Forces training and was awarded both the MOS and SQI for Special Forces.  As such he is authorized the Special Forces Tab and his records should be corrected to reflect this award.

5.  The applicant served in Vietnam during one campaign period and is authorized to wear one bronze service star on his Vietnam Service Medal.  It is appropriate to correct the DD From 214 to reflect this award as the Vietnam Service Medal with one bronze service star.

6.  The U. S. Army Special Forces Epidemiological Survey Team (Vietnam) and the 5th Special Forces Group (Airborne), 1st Special Forces (Vietnam) were awarded the Presidential Unit Citation by separate DAGO's for slightly different periods.  The award of the Presidential Unit Citation is not recorded on the DD Form 214.  It is appropriate to include this award as the Presidential Unit Citation with one oak leaf cluster.


7.  Both the U. S. Army Special Forces Epidemiological Survey Team (Vietnam) and the 5th Special Forces Group (Airborne), 1st Special Forces (Vietnam) were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by the same DAGO for the same period.  Therefore, while it is appropriate to show this award on the DD Form 214, only one award of the Republic of Vietnam Gallantry Cross Unit Citation should be noted on the DD Form 214.

8.  U. S. Army Special Forces Epidemiological Survey Team (Vietnam) and U. S. Army Medical Research Team (Vietnam) were attached to the 5th Special Forces Group (Airborne), 1st Special Forces (Vietnam) as separated and distinct units.  

9.  The applicant has not provided and the record does not contain any documentation to show that he was assigned to the U. S. Army Medical Research Team (Vietnam) in addition to his assignment to the U. S. Army Special Forces Epidemiological Survey Team (Vietnam).  Therefore, it is not appropriate to award him any of the unit awards specific to the U. S. Army Medical Research Team (Vietnam).

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 showing that in addition to the awards listed on the DD Form 214, the applicant is also authorized the Presidential Unit Citation with one oak leaf cluster, Meritorious Unit Commendation, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Medical Badge, and the Special Forces Tab.

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 Army Good Conduct Medal or any additional unit 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)                                         AR20100012057



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ABCMR Record of Proceedings (cont)                                         AR20100012137



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