IN THE CASE OF:	  

		BOARD DATE:	  9 December 10

		DOCKET NUMBER:  AR20100015856


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, award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* "VCAM" (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)
* any/all unit awards for service in Vietnam

2.  The applicant states these awards were left off his DD Form 214 upon departure from Vietnam and the Army.

3.  The applicant provided:

* his DD Form 214 for the period ending 28 March 1969
* a letter from the National Personnel Records Center, dated 3 May 2010
* his DA Form 20 (Enlisted Qualification Record)
* a letter of commendation from a previous commander, dated 19 October 1968
* a copy of General Orders Number 4151, issued by Headquarters, 25th Infantry Division, dated 24 October 1967, awarding him the Bronze Star Medal


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 requested that the "VCAM" be added to his DD Form 214.  His DD Form 214 for the period ending 28 March 1969 currently shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  The applicant's record shows he was inducted into the Army of the United States on 28 March 1966.  On 30 March 1966, he was discharged for the purpose of immediate enlistment in the Regular Army (RA).  On 31 March 1966, he enlisted in the RA for 3 years.  He completed training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  He served in the Republic of Vietnam from 10 December 1966 to
24 November 1967.  He was assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

5.  He was honorably released from active duty on 28 March 1969 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 28 March 1969 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars


* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-40)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.40 caliber)

7.  General Orders Number 4151, dated 24 October 1967, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period November 1966 to October 1967.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout is service.  Additionally, his service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Good Conduct Medal was awarded to individuals who completed a qualified 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.

10.  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 unit to which the applicant was assigned was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Bronze Star Medal; therefore he is entitled to correction of his DD Form 214 to show this award.
2.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 31 March 1966 through 28 March 1969, and correction of his DD Form 214 to show this award.

3.  General Orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 Army Good Conduct Medal (first award) for the period
31 March 1966 through 28 March 1969; and

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

* Bronze Star Medal
* Army Good Conduct Medal (first award)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100015856



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