IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029320
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 two Meritorious Unit Commendations and the Army Good Conduct Medal and their addition to his DD Form 214 (Report of Separation from Active Duty).
2. He states these awards are not listed on his DD Form 214.
3. He provides copies of his 1971 and 1972 assignment orders.
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's military records show he enlisted in the Regular Army in pay grade E-1 on 20 April 1971 for 3 years. He completed training and he was awarded military occupational specialty 74C (Data Analyst Specialist). He served in Hawaii from 24 September through 3 December 1971.
3. He served in Vietnam from 5 December 1971 through 27 June 1972 during two campaigns. He was assigned to the U.S. Army Data Service Center from 7 December 1971 through 21 April 1972 and the 222nd Personnel Service Company from 22 April through 23 June 1972.
4. He was honorably released from active duty in pay grade E-4 on 19 April 1974 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Item 38 (Record of Assignments) of his 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 during his period of active service. There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.
7. 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 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.
8. 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 his unit, the Data Service Center, was cited for the Meritorious Unit Commendation for the period 1 August 1968-30 April 1972, by Department of Army General Orders (DAGO) Number 5, dated 1973.
9. Department of the Army Pamphlet 672-3 also shows his unit, the 222nd Personnel Service Company, was cited for the Meritorious Unit Commendation for the period 2 December 1971-18 November 1972, by DAGO Number 32, dated 1973.
10. DAGO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to U.S. Army Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal. There is no evidence of record which shows he was disqualified by his commander for this award. Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 20 April 1971 through 19 April 1974 and correction of his DD Form 214 to show this award.
2. General orders awarded each of his units the Meritorious Unit Commendation, and all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.
3. In view of the foregoing, his records should be corrected as recommended below.
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 Army Good Conduct Medal (1st Award) for the period 20 April 1971 through 19 April 1974 and
b. adding the following awards to item 24 of his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm 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) AR20100029320
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ABCMR Record of Proceedings (cont) AR20100029320
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