IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100019239 


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 his rank/grade as specialist five (SP5)/E-5 and award of the Army Commendation Medal.

2.  The applicant states he was a SP5/E-5 at the time of separation and that he had been awarded the Army Commendation Medal.

3.  The applicant provides his DD Form 214; a certificate, citation, and orders awarding him the Army Commendation Medal; and a DA Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

2.  The applicant's records show he was inducted into the Army of the United States on 9 September 1965 and he held military occupational specialty 12B (Combat Engineer).  

3.  He served in the Republic of Vietnam from on or about 19 July 1966 to on or about 7 July 1967.  He was assigned to Company B, 4th Engineer Battalion,
4th Infantry Division.  He was promoted as follows: 

	a.  on 18 November 1966, Company B, 4th Engineer Battalion, published Unit Orders Number 53 appointing him to the temporary rank/grade of specialist four (SP4) (T)/E-4, effective 18 November 1966; and 

	b.  on 2 May 1967, Headquarters, 4th Infantry Division, published Special Orders Number 122 appointing him to the temporary rank of SP5/E-5 effective 2 May 1967.

4.  He was honorably released from active duty on 8 July 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  His DD Form 214 shows the following entries:

	a.  items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) show the entries "SP4 (T)," "E-4," and "18 NOV 66"; and 

	b.  item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Headquarters, 4th Infantry Division, General Orders Number 2474, dated 6 August 1967, awarded him the Army Commendation Medal for meritorious service in Vietnam from July 1966 to July 1967.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Service) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his period of military service.


8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

9.  Department of the Army General Orders 8, dated 1974, awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.

10.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant was appointed to the temporary rank/grade of SP5/E-5 on 2 May 1967.  He held this rank/grade until he was honorably released from active duty.  It appears his DD Form 214 erroneously shows his SP4/E-4 rank/grade and effective date.  Therefore, he is entitled to correction of his DD Form 214 to show the correct rank/grade of SP5 (T)/E-5 and the effective date of 2 May 1967.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this medal. 

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The evidence of record confirms the applicant served honorably during the period 9 September 1965 through 8 July 1967.  He attained the rank of SP5/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records 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 amending his DD Form 214 to:

* delete from items 5a, 5b, and 6 the entries "SP4 (T)," "E-4," and "18 NOV 66" and adding the entries "SP5 (T)," "E-5," and "2 MAY 67" respectively
* award him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 September 1965 through 8 July 1967
* add to item 13 the Army Commendation Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross w/Palm Unit Citation, and 2 bronze service stars to be worn on the Vietnam Service 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)                                         AR20100019239



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019239



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1