BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013172 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Good Conduct Medal (GCM)
* Vietnam Service Medal (VSM) with two or three bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Vietnam Campaign Medal (correctly known as the RVNCM with Device (1960)
* Any and/or all unit decorations

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)

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.  Item 24 of the applicant's DD Form 214 shows he was already awarded the RVNCM with Device "1960."  Therefore, it will not be discussed in further in this Record of Proceedings.

3.  The applicant's records show he enlisted in the Regular Army (RA) on 
24 September 1969.  

4.  The applicant's DA Form 20 shows the following:

* Item 22 (Military Occupational Specialties (MOS) awarded MOS 91A, (Medical Corpsman), 20 February 1970
* Item 31 (Foreign Service) 22 September 1970 to 21 September 1971
* Item 38 (Record of Assignments) 

* 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division 
20 October 1970 to 16 March 1971
* Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division, 17 March – 8 July 1971
* Headquarters and Headquarters Company, 1st Infantry Battalion, 
12th Cavalry Regiment, 9 July to 21 September 1971
* Several "good" conduct and/or conduct and efficiency ratings

* Item 42 (Remarks) NFC (not favorably considered) for award of GCM – 
29 March 1972
* Item 44 (Time Lost) 21 July to 25 July 1970 and 26 October to 
1 November 1971, absent without leave

5.  On 29 March 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 2 years, 6 months, and 6 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* National Defense Service Medal
* VSM
* RVNCM with Device "1960" 
* Combat Medical Badge
* Purple Heart
* Army Commendation Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN, he participated in the Counteroffensive Phase VII and the Consolidation I campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Cavalry Division (and its subordinate units) was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42 dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was not favorably considered for the GCM, had several "Good" ratings for conduct and/or conduct and efficiency, and had 12 days of lost time.  Therefore, it would be appropriate to deny award of the GCM.

2.  General orders show the unit he was assigned to was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.  

3.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to have his record corrected to show two bronze service stars to be worn on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ___x_____  __x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ ____  ____ ___  ___ ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  deleting the VSM from item 24 of the applicant's DD Form 214 and

	b.  adding the VSM with two bronze service stars and the RVN Gallantry Cross with Palm Unit Citation to item 24 of the applicant's DD Form 214.

2.  The Board further determined 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 award of the GCM.




      __________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)                                         AR20100013172



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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