IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100015874 


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 Bronze Star Medal, Army Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Cass Unit Citation.

2.  The applicant states he did not know how to request this information be added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards), dated 19 November 1984. 

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 on 7 May 1969.  He completed his training and he was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  On 26 September 1969, the applicant departed Fort Knox, KY for duty in the Republic of Vietnam.  On 26 October 1969, he was assigned to Headquarters and Headquarters Company, 2d Battalion (Mechanized), 22d Infantry,
25th Infantry Division with duty as a Scout Observer and Machine Gunner.  On 19 April 1970, has was reassigned to Company A, 2d Battalion (Mechanized) 22d Infantry, 25th Infantry Division with duty as a Grenadier, where he remained until he departed the Vietnam on 5 September 1970.

4.  On or about 5 September 1970, the applicant returned to the United States for duty with the Second Advanced Individual Training Brigade, Fort Ord, CA.

5.  On 6 May 1971, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He attained the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal [properly known as the Republic of Vietnam Campaign Medal with Device (1960), Civil Actions Medal [properly known as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation], and the Marksman (Rifle).

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

	a.  item 33 (Appointments and Reductions) that he was advanced to SP4/E-4 on 4 February 1970. 

	b.  item 38 (Record of Assignments) that he received "excellent" conduct and efficiency ratings throughout his service.
 
	c.  item 39 (Campaigns) shows the Vietnam Summer-Fall Campaign 1969, Vietnam Winter-Spring 1970, and an Unnamed Campaign.

	d.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Army Commendation, Bronze Star Medal, Civil Actions Honor Medal, and one Overseas Service Bar.

8.  There is no evidence of any disciplinary actions taken against the applicant or a commander's disqualification for the Army Good Conduct Medal.

9.  The applicant's military personnel records contain Special Orders Number 99, issued by Headquarters, 25th Infantry Division, dated 9 April 1970, awarding him the Combat Infantryman Badge for actions on 5 March 1970.  His records also contain General Orders Number 8928, issued by the same headquarters, dated 18 August 1970, awarding him the Bronze Star Medal for meritorious service for the period October 1969 to October 1970.  There are no orders in the applicant's military personnel records that show he was awarded the Army Good Conduct Medal.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer – Fall 1969 (9 June 1969 - 31 October 1969) 
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  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 2d Battalion (Mechanized), 22d Infantry, 25th Infantry Division his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated in 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated in 1971.

12.  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.  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.  Records show that the applicant participated in four designated campaign phases during his service in the Republic of Vietnam.  Therefore, he is eligible for four bronze stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

2.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Although the "Civil Actions Medal" is shown in item 24 of his DD Form 214 it is not listed by its proper name.  Therefore, he is entitled to correction of his DD Form 214 to properly show these unit awards.

3.  Records show that the applicant was awarded the Bronze Star Medal.  
Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show the applicant was awarded the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

5.  Records show the applicant was advanced to SP4/E-4, he received "excellent" conduct and efficiency ratings throughout his service, there is no evidence of any disciplinary actions or a commander disqualification for the Army Good Conduct Medal, and he was awarded the Army Commendation Medal and the Bronze Star Medal.  Therefore, having served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal he is entitled to this award and correction of his DD Form 214 to show this award.

6.  The evidence of record also shows the applicant qualified for and he was authorized award of the Republic of Vietnam Campaign Medal with Device (1960).  However, his DD Form 214 shows this award as the "Vietnam Campaign Medal."  Therefore, his DD Form 214 should be corrected to properly show this award.


BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, Vietnam Campaign Medal, and Civil Actions Medal; 

	b.  awarding him the Army Good Conduct Medal (first award) for the period     7 May 1969 through 6 May 1971; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with four bronze stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Combat Infantryman Badge.



      __________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)                                         AR20100010115



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ABCMR Record of Proceedings (cont)                                         AR20100015874



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