BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100015644
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 award of the Army Good Conduct Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states:
* his conduct and efficiency ratings were overall "excellent"
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation was authorized by the Republic of South Vietnam
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) in support of his application.
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 5 January 1966 for a period of 4 years. He served as an armor reconnaissance specialist assigned to Troop E, 1st Cavalry, 11th Infantry Brigade, in Vietnam from 18 March 1968 to 25 February 1969. On 12 December 1969, the applicant was released from active duty in the temporary rank of staff sergeant after completing 3 years, 11 months, and 8 days of creditable active service with no time lost.
3. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Purple Heart, Bronze Star Medal, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
4. There are no orders for the Army Good Conduct Medal in the available records.
5. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records show he received conduct and efficiency ratings of "excellent" throughout his service.
6. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from active duty in the temporary rank of staff sergeant after completing 3 years, 11 months, and 8 days of honorable active service with no time lost and no record of any disciplinary actions taken against him. Therefore, it appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 5 January 1966 through 4 January 1969.
2. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.
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 is 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 him the first award of the Army Good Conduct Medal for the period 5 January 1966 through 4 January 1969; and
b. adding the Army Good Conduct Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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) AR20100015644
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ABCMR Record of Proceedings (cont) AR20100015644
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