IN THE CASE OF:	  

		BOARD DATE:	    7 June 2011

		DOCKET NUMBER:  AR20100028949 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his unit awards for his Vietnam service.  He also requests that he be issued these medals.

2.  He states his unit was in a battle in Vietnam in November 1965.  

3.  He provides no documentation in support of his request.

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 2 January 1964.  After completing initial entry training, he was awarded military occupational specialty (MOS) 112.00 (Indirect Fire Infantryman), which was later converted to MOS 11C.  He was honorably released from active duty on 12 January 1966 after completing 2 years and 11 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 17 August to 15 November 1965
* item 38 (Record of Assignments) he served in Vietnam with Company A, 2d Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 
17 September to 14 November 1965
* item 38 he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" conduct and efficiency while he was assigned to a medical holding company

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Vietnam Service Medal (VSM).

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 2d Battalion, 7th Cavalry, was cited for award of the:

* Presidential Unit Citation (PUC) for the period 23 October to 26 November 1965 by Department of the Army General Order Number 40, dated 1967
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 9 August to 14 November 1965 by DAGO 59, dated 1969, as amended by DAGO 70, dated 1969

6.  A review of his record indicates entitlement to additional awards and decorations not shown on his DD Form 214.

7.  The record does not show he was awarded the Army Good Conduct Medal (AGCM).  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  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.  His service in Vietnam coincided with one campaign:  the Vietnam Defense Campaign (8 March - 24 December 1965).

10.  Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in a unit during a period for which it was cited for the PUC and RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards and to be issued the PUC.  The RVN Gallantry Cross with Palm Unit Citation is a foreign decoration that is not issued by the U.S. Army.  However, it is available for purchase from private vendors.

2.  He received all "excellent" conduct and efficiency ratings throughout his service.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  He was awarded the VSM.  His records show he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on his previously-awarded VSM.

4.  He served honorably on active duty during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of 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.  awarding him the AGCM (1st Award) for the period 2 January 1964 to 12 January 1966; 

	b.  deleting the VSM from item 26 of his DD Form 214; 

	c.  adding to item 26 of his DD Form 214 the:

* AGCM (1st Award)
* VSM with one bronze service star
* NDSM
* PUC
* RVN Gallantry Cross with Palm Unit Citation

d.  issuing to him the awards and decorations he is authorized; and

	e.  providing him a document to show the above corrections.



      _______ _   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)                                         AR20100028949



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ABCMR Record of Proceedings (cont)                                         AR20100028949



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