IN THE CASE OF:
BOARD DATE: 24 January 2011
DOCKET NUMBER: AR20100018619
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, correction of item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show all of the awards to which he is entitled.
2. The applicant states he was medically evacuated out of Vietnam and he did not receive any decorations, medals, or campaign ribbons. He did not even receive his dog tags.
3. The applicant provides no additional documentation.
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 applicants 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 applicants 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 on 18 June 1970. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 27 June 1971 and he was assigned to Company C, 1st Battalion (Air Mobile), 506th Infantry. He participated in the following two campaigns:
* Vietnamese Counteroffensive Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971
* Consolidation I Campaign, which extended from 1 July 1971 through 30 November 1971
4. On 11 September 1971, the applicant was hospitalized with a diagnosis of cellulitis of the right arm. He was returned to duty on 19 September 1971. He was medically evacuated to Okinawa on 23 November 1971. He returned to the U.S. on 12 January 1972 and he was hospitalized at Madigan General Hospital in Tacoma, Washington.
5. The applicant was honorably released from active duty on 20 January 1972. He had completed 1 year, 7 months, and 3 days of total active service. The DD Form 214 he was issued shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge (Rifle M-16)
6. The available records show the applicant had "excellent" conduct and efficiency ratings while he was in the Army. There is no information in his record that would have disqualified him from being awarded the Army Good Conduct Medal.
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. Ratings of "Unknown" for portions of the period under consideration were not disqualifying.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April 1971 to 31 August 1971, and 6 September 1971 to 19 September 1971 by Department of the Army General Order Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted.
2. Based on his records, he is authorized the following awards that are not shown on his DD Form 214:
* Army Good Conduct Medal (First Award)
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation with one Oak Leaf Cluster
3. In view of the foregoing, the applicants request should be granted.
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 Army Good Conduct Medal (First Award) for the period 18 July 1970 through 20 January 1972 and
b. adding to his DD Form 214 the Army Good Conduct Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation with one Oak Leaf Cluster.
_______ _ _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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018619
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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