IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024609


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 all awards and decorations to which he may be entitled including the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal, and bronze service stars to be affixed to his Vietnam Service Medal.

2.  The applicant states:

* he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation under Executive Order 10444, dated 10 April 1953
* he should have been awarded the Army Good Conduct Medal
* he served his country honorably, including in a combat zone under hostile fire

3.  The applicant provides his DD Form 214 in support of his application.

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 enlisted in the Regular Army on 4 September 1964 for a period of 3 years.  He arrived in Vietnam on 12 May 1965.  He served as a field artillery crewman assigned to Battery A, 3rd Battalion, 319th Artillery, in Vietnam from 12 May 1965 to 11 May 1966.  On 1 September 1967, he was released from active duty in the temporary rank of sergeant after completing 2 years, 11 months, and 28 days of creditable active service with no time lost.

3.  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), and Parachutist Badge as authorized awards.

4.  There is no evidence the applicant received 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.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  Records show he participated in two campaigns during his assignment in Vietnam.

6.  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 applicant's unit, 3rd Battalion, 319th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time of his assignment by Department of the Army General Orders Number 43, dated 1972.

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  His unit (3rd Battalion, 319th Artillery) was cited for the Republic of Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

2.  He was released from active duty in the temporary rank of sergeant with almost 3 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 4 September 1964 through 1 September 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected 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 the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 September 1964 through 1 September 1967 and

	b.  adding the Army Good Conduct Medal (1st Award), Republic of Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 his DD Form 214.



      ____________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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20100024609



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