IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100027171 


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 Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two or three bronze service stars to be affixed to his Vietnam Service Medal.  He also requests all awards and decorations to which he may be entitled for his service in Vietnam.

2.  The applicant states these awards were left off of his DD Form 214 when he left the Army and Vietnam.

3.  The applicant provides:

* DD Form 214
* 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.  He was inducted into the Army of the United States on 17 January 1968.  He arrived in Vietnam on 24 June 1968.  He served as a light weapons infantryman assigned to Company C, 2nd Battalion, 27th Infantry, in Vietnam from 2 July 1968 to 19 June 1969.  On 16 January 1970, he was released from active duty in the temporary rank of specialist four after completing 2 years of creditable active service with no lost time.

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, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one overseas service bar as authorized awards.

4.  There is no evidence the applicant received the first award of 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 five campaigns during his assignment in Vietnam.

6.  General Orders Number 8492, dated 29 June 1969, show he was awarded the Army Commendation Medal.

7.  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 was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 672-5-1 (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.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  He was released from active duty in the temporary rank of specialist four with 2 years of creditable active service with no lost time.  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 he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 17 January 1968 through 16 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  Orders show he was awarded the Army Commendation Medal.  His DD Form 214 should be corrected to show one silver service star.

3.  He participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

4.  His DD Form 214 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation as an authorized award.  However, his units were cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

5.  His unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit 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 first award of the Army Good Conduct Medal (1st Award) for the period 17 January 1968 through 16 January 1970 and

	b.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to item 24 of 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)                                         AR20100027171



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ABCMR Record of Proceedings (cont)                                         AR20100027171



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