IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016729 


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) for the period ending 
30 December 1971 to show:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation
* Valorous Unit Award 

2.  He states, in effect, the above awards were omitted from his DD Form 214.

3.  He provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* various assignment orders while assigned in the Republic of Vietnam (RVN)
* 725th Maintenance Battalion, 25th Infantry Division Certificate of Achievement, dated 19 November 1970
* Army Commendation Medal Citation, for the period January 1970 to November 1970
* two DA Forms 137 (Installation Clearance Record)



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 30 April 1969.  He successfully completed basic and advanced individual training and he was awarded military occupational specialty 63H (Engine and Power Train Repairman).

3.  On 7 December 1969, he arrived in the RVN.  During his tenure in the RVN he was assigned to:

* 549th Light Maintenance Company on 10 December 1969
* A Company, 725th Maintenance Battalion, 25th Infantry Division on         21 May 1970
* B Company, 725th Maintenance Battalion, 25th Infantry Division on        10 August 1970
* Detachment 3, Headquarters and Headquarters Company, 2nd Brigade, Combat Service Support (CSS) Battalion on 1 December 1970
* B Company (Maintenance), 225th Support Battalion on 10 December 1970
* Headquarters and Headquarters Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized) on 22 April 1971
* Service Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized) on 23 April 1971

4.  On 9 July 1971, he departed the RVN.  He was honorably released from active duty on 30 December 1971, in the rank/grade of specialist five (SP5)/E-5, after completing 2 years, 8 months, and 1 day of active service with no time lost.

5.  The applicant's DD Form 214 for the ending period 30 December 1971, as amended, shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Commendation Medal
* Expert Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* three Overseas Service Bars

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

7.  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 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.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Department of the Army Pamphlet 672-3 does not list:

* 549th Light Maintenance Company
* A Company, 725th Maintenance Battalion, 25th Infantry Division
* B Company, 725th Maintenance Battalion, 25th Infantry Division
* Detachment 3, Headquarters and Headquarters Company, 2nd Brigade, CSS Battalion
* B Company, 225th Support Battalion
* Headquarters and Headquarters Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized)
* Service Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized)

as being cited for award of the Valorous Unit Award, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned to these units.

9.  Army Regulation 600-8-22 (Military Awards), 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 Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 
* Consolidation I (1 July 1971 - 30 November 1971) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank/grade of SP5/E-5 with 2 years, 8 months, and 1 day of total active service with no time lost and "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of any derogatory information of a commander's disqualification for award of the first award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 30 April 1969 through 30 December 1971.  Therefore, he is entitled to the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

2.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  Department of the Army Pamphlet 672-3 does not list:

* 549th Light Maintenance Company
* A Company, 725th Maintenance Battalion, 25th Infantry Division
* B Company, 725th Maintenance Battalion, 25th Infantry Division
* Detachment 3, Headquarters and Headquarters Company, 2nd Brigade, CSS Battalion
* B Company, 225th Support Battalion
* Headquarters and Headquarters Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized)
* Service Battery, 5th Battalion, 4th Artillery, 1st Brigade, 5th Infantry Division (Mechanized)

as being cited for award of the Valorous Unit Award, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned to these units.  Therefore, there is no basis for granting this portion of the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 the applicant the Army Good Conduct Medal (1st Award) for the period 30 April 1969 through 30 December 1971; and 

		 b.  amending his DD Form 214 for the period ending 30 December 
1971 to add:

* Army Good Conduct Medal (1st Award)
* four bronze service stars to be worn on his already-awarded Vietnam Service Medal

2.  The Board further determined that 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 adding the Valorous Unit Award, the Meritorious Unit Commendation, or the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100016729





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ABCMR Record of Proceedings (cont)                                         AR20100016729



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