IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100028757 


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 all medals and citations he is authorized for his service in the Republic of Vietnam (RVN).

2.  The applicant states he did not receive all the medals and citations he should have received for his RVN service.

3.  The applicant does not provide any additional documents.

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 enlisted in the Regular Army on 19 January 1966 for a period of 3 years.  He was awarded military occupational specialty 94B (cook).  He was promoted to pay grade E-5 on 1 June 1967.  He served in the RVN with:

* the 128th Signal Company from 31 July 1966 to 3 February 1967
* Headquarters and Headquarters Company (HHC), 1st Brigade,
101st Airborne Division from 4 February 1967 to 25 July 1967
* Company A, 2nd Battalion, 505th Infantry from 14 February to 
28 March 1968

3.  He was honorably released from active duty on 17 January 1969 at the expiration of his term of 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
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action being taken against the applicant or a commander's disqualification for the Army Good Conduct Medal.

5.  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 128th Signal Company was cited for award of the Meritorious Unit Commendation for the period 1 September 1966 through 1 April 1967 by Department of the Army General Orders (DAGO) Number 17, dated 1968
* 2nd Battalion, 505th Infantry was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 March through
4 October 1968 by DAGO Number 48, dated 1971

6.  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 three campaigns:
* 
Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

7.  Department of the Army Pamphlet 672-3, 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.

8.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in three campaign phases during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

2.  The applicant's units were cited for award of the Meritorious Unit Commendation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his
DD Form 214 to show these unit awards.

3.  All units in the RVN were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Records show the applicant received "excellent" conduct and efficiency ratings through his service.  There is no record of any indiscipline in his record or a commander's disqualification for award of the Army Good Conduct Medal.  It appears that the applicant not being awarded the Army Good Conduct Medal was an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 19 January 1966 through 17 January 1969 and to correct his DD Form 214 to show this award.

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
19 January 1966 through 17 January 1969; and

	c.  adding to item 24 of his DD Form214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100028757



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028757



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1