IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110015099 


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 (AGCM), Vietnam Service Medal (VSM) with 2 or 3 bronze service stars, Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation, and any other unit awards he is eligible for based on his service in the Republic of Vietnam (RVN).

2.  The applicant states the awards he was eligible for at the time he left the RVN were left off his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* a National Personnel Records Center (NPRC) letter, dated 13 June 2011
* his 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 was inducted into the Army of the United States on 25 February 1969.  He was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was promoted to specialist five (SP5)/E-5 on 20 July 1970, which is the highest rank/grade he attained while serving on active duty.

3.  His DA Form 20 shows in:

* item 31 (Foreign Service) he served in the RVN from 6 September 1969 through 1 October 1970
* item 38 (Record of Assignments) he was assigned to Company D,
27th Engineer Battalion from 11 September 1969 to 29 September 1970 in the RVN
* item 38 he received all “excellent” conduct and efficiency ratings throughout his service

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any documents or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  

5.  On 3 October 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 9 days of total active 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 the:

* National Defense Service Medal
* 2 Overseas Service Bars
* VSM
* RVN Campaign Medal
* Parachutist Badge 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

6.  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 Summer-Fall 1969, 9 June - 31 October 1969 
* Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970 
* Sanctuary Counteroffensive, 1 May - 30 June 1970 
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 

7.  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.

8.  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, Company D, 27th Engineer Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 March - 31 October 1969 by Department of the Army General Order Number (DAGO) 24, dated 1972.

9.  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 AGCM, VSM with 2 or 3 bronze service stars, RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and all other unit awards he is entitled to based on his service in the RVN be added to his
DD Form 214 has been carefully considered and found to have partial merit.


2.  The evidence of record 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 25 February 1969 through 3 October 1970 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, RVNGC with Palm Unit Citation, and the VSM with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  The applicant’s request to add the RVNCAHM FC Unit Citation was also considered.  However, his RVN unit was not cited for this award during his period of service with his unit.  Therefore, there is no basis for granting this period 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 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.  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
25 February 1969 through 3 October 1970; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars


* Meritorious Unit Commendation
* 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.



      _______ _   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)                                         AR20110015099



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ABCMR Record of Proceedings (cont)                                         AR20110015099



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