BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005885 


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 Presidential Unit Citation.

2.  The applicant states his unit was cited for the award after he was separated from the military.

3.  The applicant provides no additional documentary evidence in support of this application.

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 on 21 October 1963.  He completed training, was awarded the military occupational specialty of construction machine operator, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) during the period 5 August 1965 through 11 September 1966 he performed duties as a construction machine operator while assigned to Company C, 70th Engineer Battalion during the period 23 August 1965 to 11 September 1966.

4.  He was honorably released from active duty on 11 September 1966.  He completed a total of 2 years, 10 months, and 21 days of active service.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in his available record and no disqualification by his chain of command for 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; for 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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

9.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

* Presidential Unit Citation for the period 23 October to 26 November 1965 by Department of the Army General Order (DAGO) Number 40, dated 1967
* Meritorious Unit Commendation for the periods of August 1965 to June 1966 and June to December 1966 by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit of assignment in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  There is no available order or other available evidence showing the applicant was awarded the 1st award of the Army Good Conduct Medal.  However, based on the evidence of record that shows he received all "excellent" conduct and efficiency ratings throughout his service and the absence of any disciplinary actions or a commander's disqualification, it appears he was eligible for award of the Army Good Conduct Medal based on completion of a qualifying period of service ending with the termination of active Federal military service.  As such, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 21 October 1963 through 11 September 1966 and to correct his DD Form 214 to show this award.

3.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the three bronze service stars.

4.  In view of the foregoing, the applicant's 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 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 26 of his DD Form 214 the Vietnam Service Medal;

	b.  	awarding him the Army Good Conduct Medal (1st Award) for the period
21 October 1963 through 11 September 1966; and

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

* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* RVN 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)                                         AR20110005885



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ABCMR Record of Proceedings (cont)                                         AR20110005885



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