IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013057 


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:

* Army Good Conduct Medal 
* Vietnam Service Medal with two or three bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation 
* Meritorious Unit Commendation 
* Valorous Unit Award 
* any other unit awards and decorations authorized

2.  The applicant states the error occurred when he left Vietnam and the Army.

3.  The applicant provides:

* DD Form 214 for the period ending 11 June 1969
* Letter from the National Personnel Records Center
* 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, and 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. On 26 September 1966, the applicant enlisted in the Regular Army and he held military occupational specialty 73C (Finance Specialist).  He served in Vietnam during the period 9 June 1967 through 8 July 1968 with the 176th, 28th, and 29th Finance Sections.

3.  He was honorably released from active duty on 11 July 1969.  Item 24 (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
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  His records do not contain official orders awarding him the Army Good Conduct Medal.

5.  A review of his service record shows he received "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him from receiving the first award of the Army Good Conduct Medal.  There are no entries in his record to indicate his commanders denied him award of this award during this period of service.

6.  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.  There must have been no convictions by a court-martial.  

7.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign Appendix B shows that during his service in Vietnam, participation credit was awarded for the following 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

8.  Department of the Army General Order 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Device to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Army Pamphlet 672-3 does not include a listing of the units the applicant served in during his Vietnam service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably on active duty during the period 26 September 1966 through 11 July 1969.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  His record shows he consistently received "excellent" conduct and efficiency ratings.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 26 September 1966 through 11 July 1969 and to correct his DD Form 214 to show this award.

2.  He participated in four campaigns while serving 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 awards.

3.  General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  Department of the Army Pamphlet 672-3 does not include any of the units he served with in Vietnam.  Therefore, there is no basis to amend his DD Form 214 to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, or the Valorous Unit Award.

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 was 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 the period 
26 September 1966 through 11 July 1969; and

	b.  adding to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award) 
* four bronze service stars to be worn on his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that 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 the Republic of Vietnam Civil 


Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, Meritorious Unit Commendation, and the Valorous Unit Award.



      ____________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)                                         AR20110013057



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ABCMR Record of Proceedings (cont)                                         AR20110013057



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