IN THE CASE OF:	  

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110011170 


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 Bronze Star Medal, Valorous Unit Award, and two awards of the Vietnamese Cross of Gallantry with Palm [now known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation].

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

3.  The applicant provides a Bronze Star Medal memorandum and citation, orders for the Valorous Unit Award, and general orders for the Vietnamese Cross of Gallantry with Palm.

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 18 January 1967 and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training.

3.  Headquarters, Fort Polk, LA, Special Orders Number 057, dated 3 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, Fort Polk, LA, Special Orders Number 128, dated 19 May 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar.

5.  Headquarters, 25th Infantry Division, General Orders Number 4992, dated 9 July 1968, awarded him the Bronze Star Medal for meritorious service during the period July 1967 to July 1968.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 he was awarded MOS 71H (Personnel Specialist) effective 12 May 1968 and MOS 71F (Postal Clerk) effective 7 March 1969;

	b.  item 31 (Foreign Service) he served in Vietnam from 11 July 1967 to on or about 2 July 1968; and

	c.  item 38 (Record of Assignments) he was assigned to the 2nd Battalion, 27th Infantry, while in Vietnam and he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

7.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.

8.  On 16  January 1970, he was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 11 months, and 29 days of active duty service.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Combat Infantryman Badge

9.  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 the 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.

10.  Army Regulation 600-8-22 (Military Awards) contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B shows the campaigns for the Vietnam conflict.  During his tour in Vietnam, he participated in four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* 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)

11.  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 that during his assignment to the 2nd Battalion, 27th Infantry, it was cited for:

* Valorous Unit Award for the period 15-16 June 1968 by Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970 by DAGO Number 51, dated 1971

12.  Department of the Army Pamphlet 672-3 does not show the 2nd Battalion, 27th Infantry, was awarded a second Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned to that unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding missing awards has been carefully reviewed.

2.  General orders awarded him the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for his qualifying honorable active duty service from 18 January 1967 to 16 January 1970 and to add this award to his DD Form 214.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  These badges should also be added to his DD Form 214.

5.  He was awarded the Vietnam Service Medal with one bronze service star; however, he participated in four campaigns in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect the appropriate campaigns.

6.  Based on his service with the 2nd Battalion, 27th Infantry, in Vietnam, he is also entitled to correction of his DD Form 214 to show the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  There is no evidence showing the 2nd Battalion, 27th Infantry, was awarded a second Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to that unit.  As a result, the portion of his request that pertains to a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for his honorable active duty service from 18 January 1967 to 16 January 1970,

	b.  deleting the Vietnam Service Medal with one bronze service star from item 24 of his DD Form 214, and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the 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)                                         AR20110011170



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ABCMR Record of Proceedings (cont)                                         AR20110011170



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