IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110010619 


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 the following:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Air Medal
* any and all unit decorations awarded to units he was assigned to

2.  The applicant states the awards and decorations were not listed on his
DD Form 214. 

3.  The applicant provides:

* DD Form 214
* letter from the National Personnel Records Center
* DA Form 20 (Enlisted Qualification Record)
* DA Form 137 (Installation Clearance Record)
* General Orders Number 7829, dated 19 June 1969
* Air Medal Certificate


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 Gallantry Cross with Palm Unit Citation be added to his DD Form 214.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units in Vietnam during the applicant's service in Vietnam.  His DD Form 214 currently shows the "Vietnam Unit Citation" which relates to the requested unit award.  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 20 February 1968.  He completed training and was awarded military occupational specialty 71M (Chaplains Assistant).  The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5.

4.  Item 31 (Foreign Service) of his DA Form 20 shows he was assigned in the Republic of Vietnam during the period 25 July 1968 through 23 September 1969.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the following units while in the Republic of Vietnam:

* 15th Administration Company, 1st Air Cavalry Division during the period 30 July 1968 through 18 August 1968
* Headquarters and Headquarters Company, 3rd Brigade, 1st Air Cavalry Division during the period 19 August 1968 through 19 September 1969

6.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

7.  The applicant provides a general order that awarded him the Air Medal for meritorious achievement in Vietnam during the period July 1968 to July 1969.

8.  The applicant was honorably released from active duty on 25 September 1969.  He completed 1 year, 7 months, and 6 days of total active service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* "Vietnam Unit Citation"
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  A review of the applicant's record reveals he is entitled to additional awards.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22, 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, the applicant participated in the following four campaigns:

* 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)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows the units to which the applicant was assigned while serving in the Republic of Vietnam were cited for award of the:

* Meritorious Unit Commendation for the period 10 October 12967 through 30 June 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded the applicant's units the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 20 February 1968 through 25 September 1969 and correction of his DD Form 214 to show this 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
20 February 1968 through 25 September 1969; and

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

* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110010619



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ABCMR Record of Proceedings (cont)                                         AR20110010619



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