IN THE CASE OF:	  

		BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100013183 


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 award of the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he is authorized these awards in accordance with applicable regulatory guidelines.

3.  The applicant provides a self-authored statement, a copy of his DD Form 214, his Army Commendation Medal Citation for the period 1 April 1970 through 31 March 1971, and an extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

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 record shows he enlisted in the Regular Army on 20 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13E (Cannon Fire Direction Specialist).  The highest rank he attained while serving on active duty was specialist/pay grade E-4.  He was released from active duty on 24 March 1971 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 7 months, and 5 days of active duty service.

3.  The record does not contain a DA Form 20 (Enlisted Qualification Record); thus, the exact dates of his overseas service could not be definitively determined.  However, Headquarters, XXIV Corps, General Orders Number 99, dated 29 January 1971, awarded him the Army Commendation Medal for service in the Republic of Vietnam from April 1970 to March 1971.
   
4.  Item 12 (Last Duty Assignment and Major Command) shows he served in Battery A, 1st Battalion, 39th Artillery, 108th Artillery Group, in the Republic of Vietnam.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the Army Commendation Medal.

6.  The applicant was commissioned as a second lieutenant in the U.S. Army Reserve and the Virginia Army National Guard on 1 December 1981.  He subsequently was promoted to captain on 26 March 1987.

7.  He provided page 100 from Department of the Army Pamphlet 672-3 which shows XXIV Corps was awarded the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971, for the period 1 November 1968 through 30 June 1970.  Page 99 of this pamphlet shows that the Meritorious Unit Commendation was only awarded to the special security detachments of the XXIV Corps.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

9.  Department of the Army Pamphlet 672-3 shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit he was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.  His unit is not listed as having been awarded the Meritorious Unit Commendation.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in four campaigns:  Vietnam Winter-Spring, DA Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII, and Consolidation Phase I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

3.  Records show he participated in four campaigns while serving in the Republic of Vietnam.  His record also shows he was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal and is entitled to correction of his records to show these service stars.


4.  The evidence shows he completed a period of honorable service during which he attained the rank of specialist four, pay grade E-4 and received the Army Commendation Medal for exceptionally meritorious service in support of military operations against a communist aggression in the Republic of Vietnam.  His record is void of any court-martial convictions or any other derogatory information which would preclude award of the Army Good Conduct Medal.  His records were consolidated upon his appointment to second lieutenant in the U.S. Army Reserve.  Consequently, conduct and efficiency ratings cannot be verified.  However, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Based on the available records, the applicant's quality of service appears to have been more than sufficient for award of the Army Good Conduct Medal.  Accordingly,  he should be awarded the Army Good Conduct Medal (First Award) for the period 20 August 1969 through 24 March 1971 and his records should be corrected to show this award.

5.  In reference to the award of the Meritorious Unit Commendation, he contends that Department of the Army General Orders Number 51, dated 1971, authorized his unit this award; however, Battery A, 1st Battalion, 39th Artillery, 108th Artillery Group, is not included as a subordinate or attached unit in the orders.  Only the Studies and Observation Group of the XXIV Corps was awarded it.  Therefore, he is not authorized this award.

6.  In view of the foregoing, he should be granted partial relief.

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 concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period 20 August 1969 through 24 March 1971 and

	b.  adding the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

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 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)                                         AR20100013183



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ABCMR Record of Proceedings (cont)                                         AR20100013183



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