IN THE CASE OF:	  

		BOARD DATE:	    22 February 2012

		DOCKET NUMBER:  AR20110014771 


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 (RVNGC) with Palm Unit Citation be added to his records and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the award was not authorized until after his separation. 

3.  The applicant provides his DD Form 214 in support of his application.  

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 record shows the applicant was inducted into the Army on 2 August 1965, and was trained in and awarded military occupational specialty (MOS) 76H (Transportation Parts Specialist).  
3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 January 1966 through 4 May 1965.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to 565th Transportation Company from 6 February 1966 through 
25 April 1967 and to the 410th Transportation Company from 26 April through 
4 May 1967.  Item 38 also shows the applicant received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

5.  Item 41 (Awards and Decorations) of the DA Form 20 shows he earned the following awards:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM)
* RVN Campaign Medal (RVNCM)

6.  On 5 May 1967, the applicant was honorably released from active duty in the rank of private first class/E-3, after completing 1 year, 9 months, and 4 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:

* VSM
* RVNCM
* NDSM

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze 
service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* Vietnam Counteroffensive Phase I (25 December 1965- 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)



8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a 
court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, 
565th Transportation Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 21 September 1965-6 March 1967 by Department of the Army General Order Number (DAGO) 1, dated 1969.

10.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the RVNGC with Palm Unit Citation be added to his record and DD Form 214 has been carefully considered and found to have merit.  The evidence of record confirms the applicant is eligible for this award based on his service in the RVN.  Therefore it should be added to his record and DD Form 214. 

2.  The evidence of record also confirms the applicant received all "excellent" conduct and efficiency ratings through his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 2 August 1965 through 5 May 1967, and to correct his DD Form 214 to show this award.

3.  The evidence of record also confirms that based on his RVN service and campaign participation he is entitled to the MUC and 2 bronze service stars with his VSM.  Therefore, these awards should be added to his record and DD Form 214. 

4.  In addition, the evidence shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar that was omitted from his DD Form 214.  As a result, this award should also be added to his DD Form 214.  

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 August 1965 through 5 May 1967; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _______ _  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)                                         AR20110014771



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ABCMR Record of Proceedings (cont)                                         AR20110014771



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