BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010688 


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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Bronze Star Medal with First Oak Leaf Cluster, Army Commendation Medal with First Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* Letter, dated 8 October 2010, from the National Personnel Records Center in St. Louis, MO
* DD Form 214 

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 enlisted in the Regular Army on 26 May 1969 for a period of 
2 years.  He arrived in Vietnam on 25 May 1970.  He served as a pay disbursing specialist assigned to the 15th Administration Company (Airmobile) of the 1st Cavalry Division in Vietnam from 4 June 1970 to 10 April 1971.  On 10 April 1971, he was released from active duty in the rank of sergeant after completing 1 year, 10 months, and 15 days of creditable active service with no lost time.

3.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))

4.  Since his DD Form 214 shows the Republic of Vietnam Campaign Medal with Device (1960), this portion of his request will not be discussed further in these proceedings. 

5.  Orders, dated 24 July 1969, show he received the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Orders, dated 6 November 1970, show he received the Army Commendation Medal with First Oak Leaf Cluster.

7.  Orders, dated 25 March 1971, show he received the Bronze Star Medal with First Oak Leaf Cluster. 
 
8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Records show he participated in two campaigns during his assignment in Vietnam.


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 15th Administration Company was cited for award of the:

* Valorous Unit Award for the period 1 May - 29 June 1970 by Department of the Army General Orders (DAGO) 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 42, dated 1972

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

2.  Orders show he received the Bronze Star Medal with First Oak Leaf Cluster, Army Commendation Medal with First Oak Leaf Cluster, and Expert Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should be corrected to show these awards. 

3.  He was released from active duty in the rank of sergeant with over 22 months of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 26 May 1969 through 10 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
4.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected 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.  awarding him the first award of the Army Good Conduct Medal for the period 26 May 1969 through 10 April 1971; and

	b.  adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Bronze Star Medal with First Oak Leaf Cluster, Army Commendation Medal with First Oak Leaf Cluster, Expert Marksmanship Qualification Badge with Rifle Bar, and Valorous Unit Award to item 24 of 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)                                         AR20110010688





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ABCMR Record of Proceedings (cont)                                         AR20110010688



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