IN THE CASE OF:	  

		BOARD DATE:	     9 June 2011

		DOCKET NUMBER:  AR20100027026 


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:

* the Army Good Conduct Medal
* the Vietnam Service Medal with two or three bronze service stars
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Campaign Medal with Device (1960)
* any and all awards awarded to his unit in Vietnam

2.  The applicant states the following awards were left off his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides a copy of 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 that the Republic of Vietnam Campaign Medal with Device (1960), as he identifies as the "VCAM" on his application, be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Vietnam Campaign Medal.  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 29 January 1968 for a period of 3 years.  He was trained in and awarded military occupational specialty 71B (Clerk Typist).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam with the Adjutant General Company, U.S. Army Vietnam from
21 March to 29 September 1969.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

5.  On 17 December 1968, the applicant accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for breaching the peace by wrongfully shouting and playing loud music on a tape recorder in a public place (barracks).

6.  The applicant's military personnel records jacket (MPRJ) includes orders issued by Headquarters, 78th Signal Battalion, Fort Lewis, WA showing his weapons qualifications as follows:

	a.  Special Order Number 156, dated 15 October 1968 - Marksman Badge with Rifle Bar (M-14), and

	b.  Special Orders Number 29, dated 11 February 1969 - Sharpshooter Badge with Rifle Bar (M-16).

7.  The applicant's MPRJ does not contain any documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.

8.  On 1 October 1969, the applicant was honorably discharged by reason of hardship after completing 1 year, 8 months, 3 days of total active service.  

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
* Vietnam Campaign Medal

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 following two campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 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's claim of entitlement to the Army Good Conduct Medal has been carefully considered and found to have merit.  The evidence of record confirms that although he received and accepted NJP on 17 December 1968 for a minor offense, he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of a unit commander's disqualification that would have precluded him from receiving the first award of 

the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 29 January 1968 through 1 October 1969 and correct his DD Form 214 to show this award.

2.  The evidence of record includes official orders which show the applicant qualified as a "sharpshooter" with the M-16 rifle and "marksman" with the M-14 rifle.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

3.  All units of Headquarters, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant participated in two campaign phases during his assignment to Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show the two bronze service stars.

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.  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
29 January 1968 through 1 October 1969; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar



      _______ _  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)                                         AR20100027026



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ABCMR Record of Proceedings (cont)                                         AR20100027026



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