IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017305 


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 (Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.

2.  The applicant states:

* He should have received the awards because of his unit and service in Vietnam
* He was attached to Company B, 720th Military Police Battalion, 89th Military Police Group, 18th Military Police Brigade and Company C, 34th Engineers, 20th Engineer Brigade
* He participated in three campaigns in Vietnam
* He left Vietnam quickly and feels these medals/ribbons should have been awarded to him but were not

3.  The applicant provides:

* A list of foreign service honors/awards/campaigns for the 720th Military Police Battalion and organic units
* A list of decorations for the 34th Engineer Battalion 



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 28 February 1966 for a period of 3 years.  He arrived in Vietnam on 17 October 1967.  He served as a military policeman assigned to Company B, 720th Military Police Battalion in Vietnam from 19 October 1967 to 22 April 1968.  He served as a construction machine operator and carpenter assigned to Company C, 34th Engineer Battalion (Construction) in Vietnam from 23 April 1968 to 2 October 1968.  On 5 October 1968, the applicant was released from active duty in the temporary rank of specialist five after completing 2 years, 7 months, and 8 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.  

4.  Records show the applicant participated in four campaigns during his assignment in Vietnam. 

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  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 applicant's unit, 720th Military Police Battalion, at the time of his assignment was awarded the:

* MUC for actions during the period 1 June 1967 to 8 February 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1968
* MUC for action during the period 9 February 1968 to 1 February 1969 by DAGO 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 6, dated 1974

7.  Department of the Army Pamphlet 672-3 also shows the applicant's unit, 34th Engineer Battalion, at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 11, dated 1973.

8.  Army Regulation 672-5-1 (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.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit (720th Military Police Battalion) was cited for the Republic of Gallantry Cross with Palm Unit Citation and two awards of the MUC, while he was assigned to it.  Therefore, his DD Form 241 should be corrected to show these unit awards.

2.  The applicant's unit (34th Engineer Battalion) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.  




3.  The applicant contends he participated in three campaigns in Vietnam.  However, evidence of record shows he participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant was released from active duty in the temporary rank of specialist five with 31 months of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 28 February 1966 through 5 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to 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.  awarding him the first award of the Good Conduct Medal for the period 
28 February 1966 through 5 October 1968; and








	b.  adding the Good Conduct Medal, Republic of Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the MUC, and four bronze service stars for wear on his already-awarded Vietnam Service Medal 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)                                         AR20100017305





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ABCMR Record of Proceedings (cont)                                         AR20100017305



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