IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022296 


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 award of the Army Good Conduct Medal and the Cold War Medal (determined to mean the Cold War Recognition Certificate).

2.  The applicant states that these awards are not listed on his DD Form 214.

3.  The applicant 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 requested award of the Cold War Recognition Certificate.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to the Commander, U.S. Army Human Resources Command, Cold War Recognition, ATTN: AHRC-CWRS, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 19 January 1970 for a period of 3 years.  He completed his initial entry training and he was awarded military occupational specialty (MOS) 36C (lineman).  He was advanced to specialist four (SP4)/E-4 on 20 November 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows that during his tour of duty in the Republic of Vietnam he performed duties as a lineman while assigned to the:

* Signal Support Agency during the period 19 July 1970 to 12 May 1971
* 40th Signal Battalion during the period 15 May 1971 to 3 June 1971

5.  He was honorably released early from active duty on 26 January 1972 to join an Army National Guard unit.  He completed 2 years and 7 days of total active service.

6.  Item 24 (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
* Republic of Vietnam Campaign Medal with Device (1960)

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There 


are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  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; 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.

9.  Army Regulation 600-8-22, 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 Vietnam Counteroffensive Phase VII
(1 July 1970 - 30 June 1971) campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the Signal Support Agency was cited for award of the Meritorious Unit Commendation for the period 1 March 1970 - 28 February 1971 by Department of the Army General Order (DAGO) Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a period of qualifying service ending with the termination of a period of active Federal military service.  He had "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 19 January 1970 through 26 January 1972 and to correct his DD Form 214 to show this award.


2.  His record shows he was authorized the Vietnam Service Medal and that he participated one campaign phase while serving in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service star.

3.  Headquarters, U.S. Army Vietnam, and its subordinate units, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  In view of the foregoing, the applicant is entitled to correction of his DD Form 214 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 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
19 January 1970 through 26 January 1972; and

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

* Army Good Conduct Medal


* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation



      ___________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)                                         AR20100022296



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ABCMR Record of Proceedings (cont)                                         AR20100022296



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