IN THE CASE OF:	  

		BOARD DATE:	    17 February 2011

		DOCKET NUMBER:  AR20100019281 


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 the:

* Presidential Unit Citation (Army)
* Valorous Unit Award
* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states these unit awards were not included on his DD Form 214 because they were issued after his release from active duty.

3.  The applicant provides copies of:

* his DD Form 214
* a listing obtained from the internet showing decorations received by his unit

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 was inducted into the Army of the United States on 
18 November 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty of 11B (Light Weapons Infantryman).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 10 May 1967.

3.  Headquarters, 3rd Brigade, U.S. Army Training Center, Fort Ord, CA, Special Orders Number 3, dated 7 January 1966, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 36, dated 11 March 1966, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.

5.  The applicant was assigned to Company A, 1st Battalion, 327th Infantry in the Republic of Vietnam from 7 June 1966 to 27 May 1967.

6.  Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 862, dated 28 May 1967, awarded the applicant the Army Commendation Medal for meritorious service from 2 June 1966 to 26 May 1967.

7.  On 17 November 1967, the applicant was honorably released from active duty.  He completed 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the:

* Parachutist Badge
* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.

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 two campaigns:

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows the 1st Battalion, 327th Infantry was awarded the:

* Presidential Unit Citation (Army) for the period 2-20 June 1966 by Department of the Army General Orders (DAGO) Number 59, dated 1968
* Valorous Unit Award - 17 January - 25 March 1966
* Meritorious Unit Commendation (Army) for the period 29 July 1965 -
1 October 1966 by DAGO 1, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1-31 July 1966 and 9 December 1966 - 18 January 1967 by DAGO 21, dated 1969

11.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

12.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 24 of his DD Form 214 should be amended to include the:

* Presidential Unit Citation (Army)
* Valorous Unit Award
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  Department of the Army Pamphlet 672-3 shows that during the period the applicant was assigned to the 1st Battalion, 327th Infantry the unit was awarded the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)

The wear of multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation is not authorized.  However, official military personnel and historical records will indicate all awards received.  Therefore, the applicant's
DD Form 214 should be corrected to show these unit awards.

3.  The applicant's unit was also awarded the Valorous Unit Award.  However, he was not assigned to the unit during the period of the award.  Therefore, he is not entitled to add this unit award to his DD Form 214.

4.  Orders in the applicant's Military Personnel Records Jacket show he was awarded the:

* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

Therefore, his DD Form 214 should be corrected to show these awards.

5.  The applicant's records do not show indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his military service, and he was promoted to SGT/E-5 in less than 2 years.  The preponderance of evidence shows the applicant is entitled to the 1st award of the Army Good Conduct Medal based on completion of qualifying service from 18 November 1965 to
17 November 1967 ending with termination of a period of Federal military service.  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.

6.  The applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
18 November 1965 through 17 November 1967;

	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* 
Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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 award of the Valorous Unit Award.



      ___________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)                                         AR20100019281



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019281



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1