BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110013459 


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 all of his awards.

2.  The applicant states he served 13 months in the Republic of Vietnam (RVN).  His duty was mostly on gun trucks protecting convoys.

3.  The applicant provides copies of his DD Form 214, a letter describing his assignments and duty in the RVN, and a letter from a former Soldier who became his friend and served in the RVN at about the same time as the applicant.

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.  On 24 July 1969, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 64A (Light Wheeled Vehicle Driver).

3.  On 15 November 1969, the applicant departed Fort Ord, California, for duty in the RVN.

4.  On 31 January 1970, the applicant was assigned for duty with Headquarters and Headquarters Company (HHC), 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, for duty as a light wheeled vehicle driver.

5.  On 11 March 1970, the applicant was assigned to HHC, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, for duty as a light wheeled vehicle driver.

6.  On 19 March 1970, the applicant was assigned to HHC, 4th Infantry Division, for duty as a heavy vehicle driver.

7.  On or about 24 February 1971, the applicant departed the RVN.

8.  On 27 February 1971, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 1 year, 7 months, and 4 days of creditable active duty service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars
* Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show the commander took any action to deny him the Army Good Conduct Medal.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any award orders pertaining to the applicant.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	b.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following three campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This publication shows that during the time of the applicant's assignment, the 1st Battalion, 35th Infantry Regiment, was cited in Department of the Army General Orders Number 52, dated 1971, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his awards.

2.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show the applicant served during a qualifying period for award of the RVN Campaign Medal with Device (1960).  Therefore, his records should be corrected to show this award.

5.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

____x____  ____x____  ____x_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 24 July 1969 to 27 February 1971,

	b.  deleting all awards shown on his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars



__________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)                                         AR20110013459



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ABCMR Record of Proceedings (cont)                                         AR20110013459



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