IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013892
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 January 1970 to show any awards he is authorized that are not listed.
2. He makes no statement.
3. He provides his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he was inducted into the Army on 21 March 1968. He was awarded the military occupational specialty of military policeman and was promoted to the rank of specialist four/pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) he performed duties as a senior military policeman and assistant squad leader while he was assigned to the 615th Military Police Company during the period 16 February 1969 to 3 January 1970.
4. He was honorably released from active duty on 4 January 1970. He completed a total of 1 year, 9 months, and 14 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal.
6. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority. His DA Form 20 shows all "excellent" conduct and efficiency ratings. There are no adverse actions recorded in the available records and no disqualification by his chain of command.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), Tet 69 Counteroffensive (23 February - 8 June 1969), Vietnam Summer - Fall 1969
(9 June - 31 October 1969), and Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) campaigns.
9. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. He completed a period of qualifying service ending with the termination of a period of Federal military service. He had "excellent" conduct and efficiency ratings throughout his tenure of service. There is no record of any disciplinary action taken against him or disqualification by his chain of command. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 21 March 1968 to 4 January 1970 and add this award to his DD Form 214.
2. He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with four bronze service stars.
3. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this foreign unit award.
4. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 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 Army Good Conduct Medal (1st Award) for the period 21 March 1968 to 4 January 1970;
b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and
c. adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), the Vietnam Service Medal with four bronze service stars, and the RVN 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) AR20110013892
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ABCMR Record of Proceedings (cont) AR20110013892
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