IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100021918 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of any additional awards, medals, or unit citations for his service in the Republic of Vietnam.

2.  He states his DD Form 214 does not include the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He believes he is entitled to the Army Good Conduct Medal under Executive Order 10444, dated 10 April 1953.  There may be bronze service star adornments for his Vietnam Service Medal and other unit awards missing.

3.  He provides his DD Form 214.

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's military records show he was inducted into the Army of the United States in pay grade E-1 on 8 March 1971, for 2 years.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 13 September 1971 through 5 April 1972 during three campaigns.  He was assigned to Troop F, 17th Cavalry, 196th Infantry Brigade.

3.  On 1 April 1971, the applicant's troop commander issued a Letter of Commendation commending the applicant on the speed in which he handled all levels of the unit's administration, using his own initiative, and raising the unit level which resulted in the receipt of an excellent rating for the unit on the annual Inspector General Inspection.

4.  General Orders Number 01640 issued by the 196th Infantry Brigade on 3 April 1972 awarded him the Bronze Star Medal for meritorious service in Vietnam from 13 September 1971 to 13 March 1972.

5.  He was honorably released from active duty in pay grade E-4 on 13 June 1972 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completion of 1 year, 3 months, and 6 days of net active service.

6.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show his conduct and efficiency ratings during his period of service from 8 March 1971 through 13 June 1972.  There is no evidence of any disciplinary action during this period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal during this period.  

8.  Army Regulation 672-5-1 (Awards), then in effect, 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 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.

9.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Troop F, 17 Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 26 September to 10 October 1971, based on Department of the Army General Orders Number 54, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze Service Medal during his period of service in Vietnam.  This award is not shown on his DD Form 214.  Therefore, it would be appropriate to add this award to his DD Form 214.

2.  The evidence of record appears to show he met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this award.  His records show he attained the pay grade of E-4 and was commended on his performance of duties during his service in Vietnam.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 8 March 1971 through 13 June 1972 and correction of his DD Form 214 to show this award.

3.  The evidence confirms he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.  These service stars are not shown on the applicant's DD Form 214 and it would be appropriate to add these service stars to his DD Form 214.

4.  General orders entitled the applicant to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation based upon his assignment with Troop F, 17th Cavalry, while serving in Vietnam.

5.  In view of the foregoing, his records should be corrected as recommended below.

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.  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 8 March 1971 through 13 June 1972; and

	c.  adding to Item 24 of his DD Form 214 the following awards:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

d.  providing him corrected documents showing these changes.



      _______ _   _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)                                         AR20100021918





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ABCMR Record of Proceedings (cont)                                         AR20100021918



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