BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100015026 


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 records to show award of the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards and decorations he is authorized based on his military service.

2.  The applicant states he served with the 59th Infantry Platoon (Scout Dog) in the Republic of Vietnam from 8 March 1969 to 6 March 1970.  He adds that he recently received copies of his military service records from the National Personnel Records Center (NPRC) and upon reviewing the documents he realized all of his awards are not shown on his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).

3.  The applicant provides copies of the letter from the NPRC, his DA Form 20 (Enlisted Qualification Record), and DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records as stated by the applicant.

2.  Counsel, in effect, defers to the applicant.

3.  Counsel provides no additional documentary evidence in support of the request.

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 was inducted into the Army of the United States for a period of 2 years on 4 April 1968.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was advanced to private first class (PFC)/pay grade E-3 on 7 August 1968 and promoted to corporal (CPL)/pay grade E-4 (temporary) on 3 September 1968 during his attendance at noncommissioned officer (NCO) candidate training.

3.  Headquarters, The Candidate Brigade (Provisional), U.S. Army Infantry School, Fort Benning, GA, Special Orders Number 117, dated 14 October 1968, shows the applicant was administratively reduced to PFC (E-3) with his original date of rank of 7 August 1968 based on his failure to complete NCO training.

4.  The applicant's DA Form 20 shows in:

	a.  item 33 (Appointments and Reductions) that he was promoted to specialist four (SP4)/pay grade E-4 (temporary) on 9 September 1969;

	b.  item 38 (Record of Assignments) that he was assigned:

		(1)  as a student while assigned to the 23rd Adjutant General Replacement Detachment from 8 through 18 April 1969;

		(2)  in duty MOS 11B2D while assigned to the 59th Infantry Platoon (Scout Dog), 11th Infantry Brigade, from 19 April 1969 through 2 March 1970; and

		(3)  he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service except for the period from 29 August 1968 through 15 October 1968 when he received ratings of "unknown" while a student at NCO candidate training;
	c.  item 39 (Campaigns) is blank;

	d.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, First Class [Sharpshooter] Marksmanship Qualification Badge with Grenade Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two overseas service bars, Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and

	e.  item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal [Expiration of Term of Service]) that he had 1 day of lost time on 14 September 1968.

5.  A DA Form 137 (Installation Clearance Record), dated 25 February 1970, shows the applicant's commanding officer rated the applicant's conduct and efficiency as "excellent."  The commander also recommended the applicant for award of the Army Good Conduct Medal.  However, there are no orders in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal.

6.  The applicant's DD Form 214 shows he entered active duty on 4 April 1968, was honorably released from active duty on 6 March 1970, and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 11 months, and 3 days of net active service and 1 year and 3 days of foreign service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle
(M-14) Bar, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar, two overseas service bars, and First Class [Sharpshooter] Marksmanship Qualification Badge with Grenade Bar.

	b.  Item 26a (Non-Pay Periods Time Lost) and item 30 (Remarks) show he had 1 day of lost time on 14 September 1968.

	c.  Item 30 shows he served in Vietnam from 8 March 1969 to 6 March 1970.

7.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.

	a.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Tet Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

8.  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 that at the time of the applicant's assignment to the 59th Infantry Platoon (Scout Dog), 11th Infantry Brigade, the platoon was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any individual award orders pertaining to the applicant.

10.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Good Conduct Medal, Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards and decorations he is authorized based on his military service.

2.  Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  He had 1 day of lost time during NCO candidate training; however, subsequent to that:

* he was promoted to SP4/pay grade E-4 with just over 1 year and 5 months of active duty service
* he received conduct and efficiency ratings of "excellent" [ratings of "unknown" during the period under consideration are not disqualifying]
* he was recommended by his commander for award of the Army Good Conduct Medal just prior to his separation

3.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records.

4.  The evidence of record shows:

	a.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam which entitles him to correction of his records to show the Vietnam Service Medal with three bronze service stars.

	b.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	c.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the aforementioned awards and decorations.

5.  The evidence of record shows the applicant qualified for and was authorized award of the Republic of Vietnam Campaign Medal with Device (1960) and that award (i.e., VCM) is recorded in item 24 of his DD Form 214.  Therefore, there is no need for correcting his records in this instance.



BOARD VOTE:

____x_  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 4 April 1968 to 6 March 1970;

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

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his DD Form 214.



      ___________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)                                         AR20100015026



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100015026



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1