IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100019236


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 award of the:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Valorous Unit Award

2.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the requested awards.

3.  The applicant states:

* his service was honorable and exceptional yet he was not awarded an Army Good Conduct Medal because he took an early discharge from combat service in Vietnam
* Army Regulation allows for the belated award of the Army Good Conduct Medal
* his DA Form 20 (Enlisted Qualification Record) established his service in Vietnam from 24 December 1965 to 30 August 1966
* Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides for the award of one bronze service star for each campaign occurring coincident with the Veteran’s service
* 
Department of the Army Pamphlet 672-3 provides for award of the Presidential Unit Citation for any Soldiers serving under the 320th Artillery, 2nd Battalion from 2 June 1966 through 20 June 1966
* the same pamphlet provides for award of the Valorous Unit Award for the period 20 December 1965 thorough 28 August 1966
* it would be an injustice to refuse consideration of the application, no matter the time lapse from the date of the error or injustice

4.  The applicant provides:

* a brief in support of his application
* his DD Form 214 for the period ending 28 August 1966
* his DA Form 20
* excerpts from Department of the Army Pamphlet 672-3, dated 29 January 1988

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.  On 3 September 1963, the applicant enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training (AIT) in military occupational specialty 13A (field artillery basic).

3.  He arrived in Vietnam on 24 December 1965 and he was assigned to
C Battery, 2nd Battalion, 320th Artillery.

4.  The applicant returned to the continental United States and he was honorably released from active duty on 28 August 1966.  He completed 2 years, 11 months, and 26 days of total active service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received the following conduct and efficiency ratings:

						PERIOD							CONDUCT	EFFICIENCY
3 September 1963 through 8 November 1963
Excellent
Excellent
9 November 1963 through 15 January 1964 (AIT)
Good
Good
16 January 1964 through 31 January 1964
Excellent
Excellent
1 February 1964 through 26 February 1964
Excellent
Good (A)
27 February 1964 through 31 August 1965
Excellent
Excellent
1 September 1965 through 25 November 1965
Excellent
Excellent
26 November 1965 through 23 December 1965
(Unrated)
(Unrated)
24 December 1965 through 28 August 1966
Excellent
Excellent
7.  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 three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

8.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

9.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 320th Artillery Infantry, was cited for award of the:

* Presidential Unit Citation for the period 2-20 June 1966 by Department of the Army General Order (DAGO) Number 59, dated 1968
* Valorous Unit Award for the period 17 January - 25 March 1966 by DAGO Number 1, dated 1969
* Meritorious Unit Commendation for the period 29 July 1965 - 1 October 1966 by DAGO Number 1, dated 1968

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  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.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant only received "good" conduct and efficiency rating while he was in AIT.  Although it is possible that his "good" efficiency rating could be considered an academic "good" and therefore not disqualifying, his "good" conduct rating was disqualifying.  Therefore, he is not entitled to award of the Army Good Conduct Medal.

2.  The applicant's unit was cited for award of the Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam during 
the qualifying period.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore he is entitled to three bronze service stars for wear on his 

already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant served during a qualifying period for entitlement to the Republic of Vietnam Campaign Medal with Device (1960) which is incorrectly shown on his DD Form 214 as the Vietnam Campaign Medal.  Therefore, his DD Form 214 should be corrected accordingly.

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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal and the Vietnam Campaign Medal and

	b.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Commendation
* Meritorious Unit Commendation

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 awarding him the Army Good Conduct Medal.



      ____________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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ABCMR Record of Proceedings (cont)                                         AR20100019236



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