IN THE CASE OF:	  

		BOARD DATE:	    25 October 2011

		DOCKET NUMBER:  AR20110004880 


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 item 13a (Character of Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to read "Honorable" and to show the award of the Army Good Conduct Medal and all other awards he may be authorized.

2.  The applicant states "Honorable" is misspelled "Nonorable."  In addition, he should have received the Good Conduct Medal.

3.  The applicant provides his DD Form 214 and 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.  His record shows he was inducted into the Army of the United States on 
14 September 1966.  He completed his advanced training and was awarded military occupational specialty 13B (Field Artillery Crewman).  Highest pay grade held was corporal (CPL/E-4) temporary.

3.  The records show he served in the Republic of Vietnam from 4 March 1967 to 18 February 1968.  He was assigned to the following units:

   a.  B Battery, 6th Battalion, 27th Artillery, from 4 March 1967 to 15 January 1968; and
   
   b.  C Battery, 6th Battalion, 27th Artillery, from 16 January 1968 to 
18 February 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would preclude award of the Army Good Conduct Medal.

5.  Item 41 (Awards and Decorations) shows:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with "1960" device
* Overseas Bar (2)

6.  He was honorably released from active duty on 13 September 1968 and transferred to the United States Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued at the time shows he completed 2 years of total active service.

7.  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 and Sharpshooter Marksmanship Qualification Badge (M14 Rifle).

8.  Item 13a of his DD Form 214 shows the entry "NONORABLE."

9.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

10.  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.  Appendix B shows that during his service in Vietnam, he 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 1968 - 1 April 1968)

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that:

   a.  B Battery, 6th Battalion, 27th Artillery, was awarded the Meritorious Unit Commendation for the period 2 October 1966 - 10 September 1967 by Department of the Army General Orders (DAGO) 73, dated 1968; 

   b.  6th Battalion, 27th Artillery was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Union for the period 14 September 1967 - 
15 January 1971 by DAGO 51, dated 1971; and the Meritorious Unit Commendation Medal for the period 1 January 1968 - 31 January 1969 by DAGO 36, dated 1970; and

	c.  This same regulation shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests item 13a of his DD Form 214 be corrected to read "Honorable" and to show the award of the Army Good Conduct Medal and all other awards he may be authorized.

2.  Item 13a of his DD Form 214 contains the entry "NONORABLE" which is clearly a typographical error.  The entry should be corrected to read "HONORABLE."

3.  There is no evidence to show he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show the highest grade held was corporal.  There is no record of adverse action, indiscipline, or lost time.  Therefore, the preponderance of the evidence shows he should be awarded the Army Good Conduct Medal (First Award) for the period 
14 September 1966 to 13 September 1968 and to have this medal included on his DD Form 214.

4.  The evidence of record shows he was awarded the Vietnam Campaign Medal with "1960" device, the Vietnam Service Medal, and two Overseas Bars; however, these awards are not reflected on his DD Form 214.  He is entitled to correction of his DD Form 214 to show these awards.  In addition, His records also show he participated in three campaigns while serving in the Repbulic of Vietnam; therefore he is entitled to have three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit(s) the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Meritorious Unit Citations.

6.  In view of the above, his request should be granted.


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.  amending item 13a of his DD Form 214 to read "HONORABLE"
   
   b.  awarding him the Army Good Conduct Medal for his period of service from 
14 September 1966 to 13 September 1968 and amending item 24 of his 
DD Form 214 to add the:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with "1960" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Citation (2nd Award)
* Overseas Service Bar (2)



      __________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)                                         AR20110004880





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004880



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1