IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100026922


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) by adding:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Any other awards to which he may be entitled

2.  The applicant states his DD Form 214 is incorrect.

3.  The applicant provides:

* DD Form 214
* National Personnel Records Center letter, dated 7 October 2010
* DA Form 20 (Enlisted Qualification Record)

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 for 2 years on 28 February 1967.  He served in Vietnam from on or about 29 July 1967 to 
28 July 1968, and he was assigned to Company D, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division as an indirect fire infantryman.  He was honorably released from active duty on 3 February 1969 in the rank of sergeant.

3.  The applicant's DD Form 214 shows the following awards:

* Bronze Star Medal
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (Cal .45)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M16)
* One Overseas Service Bar

4.  The applicant's DA Form 20 shows he had uniformly 'excellent" conduct and efficiency ratings throughout his military service.  His service records contain no court-martial convictions.

5.  General Orders Number 16, Headquarters, 6th Convalescent Center, Cam Ranh Bay, Vietnam, dated 4 July 1968 awarded the applicant the Purple Heart for wounds received on 19 June 1968.

6.  General Orders Number 22, Headquarters, 6th Convalescent Center, Cam Ranh Bay, Vietnam, dated 22 July 1968 revoked the Purple Heart awarded by General Orders Number 16.

7.  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.

8.  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 Company D, 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 56, dated 1969.

9.  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 Company B, 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

10.  Army Regulation 670-1 prescribes the authorization for wear of uniforms and prescribes the awards, insignia and accouterments authorized for wear on the uniform.  In pertinent part, it states that one overseas service bar is authorized for each period of 6 months 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 in Vietnam and the month of departure from Vietnam will count as a whole month for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests all authorized awards for his Vietnam service, including:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant served honorably and well, and he had "excellent" conduct and efficiency ratings and no court-martial convictions.  He should be awarded the 


Army Good Conduct Medal for the period 28 February 1967 to 3 February 1969.  It should be added to his DD form 214.

3.  The applicant is entitled to one foreign unit award.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation should be added to his DD Form 214.

4.  Although the applicant's unit – 1st Battalion, 12th Cavalry Regiment – was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, it was for the period 1 January 1969 to 1 February 1970.  The applicant was not with the unit at that time and is not authorized to have this foreign unit award placed on his DD Form 214.

5.  The applicant's DD Form 214 shows one Overseas Service Bar.  However, he is authorized to wear two Overseas Service Bars and his DD Form 214 should be amended accordingly.

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:

* awarding him the Army Good Conduct Medal for the period 28 February 1967 to 3 February 1969
* deleting from his DD Form 214 the entry showing one Overseas Service Bar
* adding to his DD Form the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service Bars

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 the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      ____________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)                                         AR20100026922



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ABCMR Record of Proceedings (cont)                                         AR20100026922



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