BOARD DATE:	  16 June 2011

		DOCKET NUMBER:  AR20100027957 


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 award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation. 

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be corrected to show the aforementioned awards based on his attachment to the 539th Transportation Company and then the 610th Transportation Company.

3.  The applicant provides these documents in support of his application:

* DD Form 214 with a separation date of 5 June 1968
* Department of the Army General Orders (DAGO) Number 22, dated 24 May 1968
* Lineage and Honors Information for the 539th Transportation Company 

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 on 6 June 1966 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 68B (Aircraft Engine Repairman).  The highest rank he attained was sergeant/pay grade E-5.
 
3.  The applicant served in the Republic of Vietnam with the 539th Transportation Company from 11 April 1967 to 24 August 1967 and then he was reassigned to the 610th Transportation Company on 25 August 1967 until his departure on 29 January 1968.   

4.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Special Orders Number 166 issued by Headquarters, U.S. Army Training Center, Fort Benning on 16 July 1966.

5.  He was awarded the Expert Marksmanship Qualification Badge with Pistol Bar and with Automatic Rifle Bar by Special Orders Number 42 issued by the New Cumberland Army Depot on 6 March 1967.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service with no records of court-martial or time lost.  In addition, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  

7.  The applicant was honorably released from active duty on 5 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he completed 2 years of total active service with 9 months and 19 days of foreign service in the Republic of Vietnam.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized these awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device


9.  The applicant provided DAGO Number 22 issued on 24 May 1968 that shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation (formerly known as the Vietnamese Cross of Gallantry with Palm) was awarded to the 610th Transportation Detachment for the period 1 Mach 1966 through 20 March 1967.  

10.  References:

	a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for:

* Vietnam Counteroffensive Phase (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the Meritorious Unit Commendation was awarded to the 539th Transportation Company for these periods:

* from 1 November 1967 to 31 October 1968 by DAGO Number 39, dated 1970
* from 1 November 1968 to 31 January 1970 by DAGO Number 51, dated 1971

	c.  This same publication shows the 539th Transportation Company received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January to 31 December 1971 by DAGO Number 32, dated 1973.

	d.  This same publication shows the 610th Transportation Company was awarded the Meritorious Unit Commendation for these periods:

* from 1 November 1967 to 31 October 1968 by DAGO Number 39, dated 1970
* from 1 November 1968 to 31 January 1970 by DAGO Number 51, dated 197
* from 1 February 1970 to 31 July 1971 by DAGO Number 5, dated 1973

	e.  This same publication shows the 610th Transportation Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January to 31 December 1971 by DAGO Number 32, 1973. 

	f.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

	g.  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. 

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the Meritorious Unit Commendation for the 610th Transportation Company during a period when the applicant was assigned to this unit.  Therefore, he is entitled to a correction of his record to show this unit award.

2.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all subordinate units of Headquarters, U.S. Army Vietnam.  Therefore, he is entitled to a correction of his record to show this award. 

3.  Special orders announced these awards.  Therefore, he is entitled to a correction of his record to show these awards:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 6 June 1966 ending with termination of his first period of Federal military service on 5 June 1968.

5.  The applicant is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these authorized bronze service stars.  

6.  During the applicant's period of service with the 539th Transportation Company from 11 April 1967 to 24 August 1967, this unit was not entitled to the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 22.  

7.  During his period of service with the 610th Transportation Company from 25 August 1967 to 29 January 1968, this unit was not entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 June 1966 to 5 June 1968;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 

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 correcting his record to show award of 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)                                         AR20100027957



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ABCMR Record of Proceedings (cont)                                         AR20100027957



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