IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110015094 


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 award of:

* 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
* any additional unit awards to which he is entitled

2.  He states these awards and decorations were omitted from his DD Form 214 upon his departure from Vietnam and the Army.  He also states he was assigned to Company A, 519th Military Intelligence Battalion, and to the 135th Military Intelligence Group while serving in Vietnam.  He needs the requested corrections to assist in substantiating his claims with the Department of Veterans Affairs.

3.  He provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Although the applicant identifies an individual as counsel, his application is void of any requests, statements, or additional evidence provided by counsel on the applicant's behalf.


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.  His record shows he was inducted into the Army of the United States on 19 October 1965 and he held military occupational specialty 96B (Intelligence Analyst).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  On 21 July 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 7 July 1966 to 21 July 1967.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he:

		(1)  served as an intelligence analyst in the 519th Military Intelligence Battalion from 7 July to 6 December 1966,

		(2)  served as an intelligence analyst in the 135th Military Intelligence Group from 7 December 1966 to 20 July 1967, and

		(3)  he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	c.  Item 41 (Awards and Decorations) does not show any unit awards.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals 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.

6.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 19 October 1965 to 21 July 1967 and his DD Form 214 should be corrected to show this award.

2.  DAGO awarded his units the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.  His record is void of any evidence and he has not provided any evidence showing he is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or any additional unit awards.

3.  Records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT FULL 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 the period 19 October 1965 to 21 July 1967,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and any additional unit awards.



      ____________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)                                         AR20110015094



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ABCMR Record of Proceedings (cont)                                         AR20110015094



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