IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002455 


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 add the Army Good Conduct Medal (AGCM), Vietnam Service Medal with two or three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), and any other awards to which he is entitled to.

2.  The applicant states the awards in question were left off his DD Form 214. 

3.  The applicant provides:

* His DD Form 214
* A National Personnel Records Center (NPRC) letter
* His DA Form 20 (Enlisted Qualification Record)

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 requested that the Republic of Vietnam Campaign Medal with Device (1960) be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Vietnam Campaign Medal with Device (1960).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3. The applicant was inducted into the Army of the United States on 21 August 1967.  He was trained in and awarded military occupational specialty (MOS) 63K (Quartermaster Heavy Vehicle Repairer).

4.  The applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 14 March 1968 to 13 March 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the:

* 625th Supply and Services (S & S) Company from 20 March 1968 through 12 December 1968
* 67th Maintenance Company from 13 December 1968  through 13 March 1969

5.  Item 38 further shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being award the first award of the Army Good conduct Medal.

7.  On 20 August 1969, the applicant was honorably released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* National Defense Service Medal 
* Vietnam Service Medal


* Republic of Vietnam Campaign Medal with Device (1960)
* 2 overseas service bars 
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

9.  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.  There must have been no convictions by a court-martial.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register). was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant’s tenure of assignment in the RVN, his units, the 625th S & S Company and the 67th Maintenance Company, were not cited for any unit awards.

11.  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.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander disqualification that would have precluded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 21 August 1967 through 20 August 1969 and to correct his
DD Form 214 to show this award.

2.  The applicant participated in five campaign phases during his service in the RVN.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the silver service star.

3.  All units in the RVN were cited for award of the Republic of Vietnam 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.

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
21 August 1967 through 20 August 1969; and


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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* 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)                                         AR20110002455



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ABCMR Record of Proceedings (cont)                                         AR20110002455



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