IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015095 


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
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Any other individual or unit awards and decorations from his Vietnam and Germany units

2.  The applicant states, in effect, he qualifies for the above awards and decorations but they were not listed on his DD Form 214 upon leaving Vietnam and the Army. 

3.  The applicant provides:

* his DD Form 214
* a letter from the National Personnel Records Center, St. Louis, MO
* 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, 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 applicant requested that the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 17 January 1966 and he held military occupational specialties (MOS) 95B (Military Police) and 71L (Administrative Specialist).

4.  Special Orders Number 60, issued by Headquarters, 4th Brigade (Military Police), U.S. Army Training Center, Fort Gordon, GA, dated 29 April 1966, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  He served in Germany with the 15th Military Police Brigade from 27 May 1966 to 9 July 1967.  He also served in Vietnam from 24 August 1967 to 9 August 1968 as follows:

* U.S. Military Assistance Command - Vietnam (MACV) from 30 August 1967 through 9 March 1968
* 108th Artillery Group with duty at the Provisional Corps – Vietnam from
10 March 1968 through 31 March 1968
* 204th Military Intelligence Detachment with duty at the Provisional Corps - Vietnam from 1 April 1968 to 9 August 1968

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 22 August 1968 and he was transferred to the U.S. Army Reserve 

(USAR) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two overseas service bars

7.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record shows no derogatory information that would disqualify him from being awarded the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that 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, the applicant participated in the following four 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)

	b.  The Republic of 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.

10.  Department of the Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 through 28 March 1973.

11.  There is no indication any of his units of assignment in Vietnam were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service with those units.

12.  There is also no evidence of any awards he would be entitled to based on his service in Germany.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 17 January 1966 through
22 August 1968.  He served in Vietnam, he attained the rank/grade of SP5/E-5, and he received all "excellent" conduct and efficiency ratings throughout his military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

2.  He served a qualifying period of service for entitlement to the Vietnam Service Medal.  He also participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show this award.

3.  He served a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

6.  With respect to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, there is no indication any of his units of assignment in Vietnam were awarded this award during his service with those units.  Therefore, there is no basis for granting this portion of his request.

7.  With respect to unit awards for his service in Germany, there is no evidence his unit in Germany was cited for any awards during his period of service.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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
17 January 1966 through 22 August 1968, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device "1960"
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)

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 and any additional unit awards for his service in Vietnam and Germany.



      ____________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)                                         AR20110015095



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ABCMR Record of Proceedings (cont)                                         AR20110015095



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