IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026976 


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 Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and any other awards he is entitled to that are not listed on this form.

2.  The applicant makes no statement.

3.  The applicant provides a copy of a document that is written in a language other than English.

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.  His military records show he enlisted in the Regular Army on 23 January 1968.  He was awarded primary military occupational specialty (MOS) 11B (Light Weapons Infantryman) and secondary MOS 76V (Equipment Storage Specialist).  The highest rank/grade he attained was staff sergeant/E-6.

3.  His DA Form 20 (Enlisted Qualification Record) shows while he was stationed in the RVN he performed duties as:

   a.  a fork lift operator while assigned to the 570th Support Company during the period 11 July to 15 October 1968;

   b.  an equipment storage specialist while assigned to Company B, 7th Support Battalion, 199th Infantry Brigade during the period 16 October to 26 November 1968; and
   
   c.  an automatic rifleman and team leader while assigned to Company C, 4th Battalion, 12th Infantry, 199th Infantry Brigade during the period 27 November 1968 to 18 July 1969.

4.  He was honorably released from active duty on 31 December 1970 after completing 2 years, 11 months, and 9 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Soldiers Medal, Purple Heart, Vietnam Service Medal, Army Commendation Medal with "V" Device, Bronze Star Medal, RVN Campaign Medal with 1960 Device, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14).

6.  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.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation and the Civil Actions Honor Medal First Class Unit Citation, both based on Department of the Army General Orders Number 51, dated 1971.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

9.  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, 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.

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of 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 Army Good Conduct Medal for the period 23 January 1968 through 31 December 1970 and add this award to his DD Form 214.

2.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.

4.  In view of the foregoing, he is entitled to have his records corrected as shown 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 January 1968 through 31 December 1970; 

   b.  deleting the Vietnam Service Medal from his DD Form 214; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN 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)                                         AR20100026976



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ABCMR Record of Proceedings (cont)                                         AR20100026976



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