IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20110000130 


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 (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with four bronze service stars, and any other unit awards.

2.  The applicant states these awards were not entered on his DD Form 214.

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and Headquarters, 1st Infantry Division Special Orders Numbers 295 and 140. 

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.  His military records show he was inducted into the Army of the United States on 15 November 1966.  He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-5.

3.  His DA Form 20 shows during his tour of duty in the RVN he performed duties as a machine gunner while he was assigned to Company C, 2d Battalion, 2d Infantry Regiment, 1st Infantry Division during the period 13 May 1967 to 22 April 1968.

4.  He was honorably released from active duty on 20 August 1968.  He completed a total of 1 year, 9 months, and 6 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

6.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the 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), and Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) campaigns.

9.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN 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.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the RVN was awarded the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st award) for the period 15 November 1966 to 20 August 1968 and add this award to his DD Form 214.

2.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

4.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 Army Good Conduct Medal (1st award) for the period 15 November 1966 to 20 August 1968; 

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

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), the Vietnam Service Medal with four bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to 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)                                         AR20110000130



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000130



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1