IN THE CASE OF:	  

		BOARD DATE:	  13 April 2011

		DOCKET NUMBER:  AR20100024617 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all awards to which he is entitled.

2.  The applicant states he is eligible for the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and should have been awarded the Army Good Conduct Medal.  He should also have bronze service stars on the Vietnam Service Medal.

3.  The applicant provides a copy of his DD Form 214 to substantiate his case.

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 13 May 1966.  He completed training as a communications switchboard operator and was stationed in Germany.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) – service in Vietnam from 2 June 1968 to 6 May 1969;

	b.  item 33 (Appointments and Reductions) – steady advancement to pay grade E-4 on 25 July 1967 and no reductions;

	c.  item 38 (Record of Assignments) – Company D, 44th Signal Battalion, from 10 June 1968 to 6 May 1969, exclusively "excellent" conduct and efficiency ratings; and

	d.  item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), one overseas service bar, and Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He returned to the United States and was released from active duty with an honorable characterization of service on 8 May 1969.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his authorized awards as the National Defense Service Medal, RVN Campaign Medal, and Vietnam Service Medal.

6.  Army Regulation 672-5-1 (Decorations and 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 the 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.

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincided with the following four campaign periods:  Vietnam Counteroffensive Phase IV, 2 April-30 June 1968; Vietnam Counteroffensive Phase V, 1 July-1 November 1968; Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969, and Tet 69 Counteroffensive 1969, 23 February-8 June 1969.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 44th Signal Battalion was awarded the Meritorious Unit Commendation for the period 1 September 1967 through 31 August 1968 by Department of the Army General Orders Number 37, dated 1970, and Company D, 44th Signal Battalion was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniform and Insignia) governs the requirements for the overseas service bar.

	a.  One overseas service bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the overseas service bar.

	b.  For Vietnam, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant believes he is eligible for the RVN Gallantry Cross with Palm Unit Citation and that he should have been awarded the Army Good Conduct Medal.  He should also have bronze service stars on the Vietnam Service Medal.

2.  The applicant served without a discreditable incident of record.  He had exclusively "excellent" conduct and efficiency ratings ratings.  Apparently the failure to recommend him for and award him the Army Good Conduct Medal was an administrative oversight.  He should be awarded the first award of the Army Good Conduct Medal.

3.  He served in Vietnam during four designated campaign periods and is authorized to wear four bronze service stars on the Vietnam Service Medal.

4.  The applicant's battalion was awarded the Meritorious Unit Commendation and his company was awarded the RVN Gallantry Cross with Palm Unit Citation.

5.  The applicant's Expert Marksmanship Qualification Badge with Rifle Bar was omitted from his DD Form 214.

6.  He served in Vietnam from 2 June 1968 to 6 May 1969.  Both the first and the last months count as full months.  He is authorized two overseas service bars.

7.  It would be appropriate to show all of the applicant's awards and devices in the proper order of precedence.

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 13 May 1966 to 8 May 1969;

	b.  voiding item 24 of his DD Form 214; and

	c.  issuing a DD Form 215 (Correction to DD Form 214) showing that item 24 lists his authorized awards as the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with Device (1960), Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.



      ___________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)                                         AR20100024617



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024617



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1