IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110015143 


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 unit citations.  

2.  He states unit citations were omitted from his DD Form 214 due to the time period.  

3.  He provides:

* DD Form 214
* Letter certifying a temporary export permit 
* Reassignment orders
* A document entitled “Unit Lineages” for Battery E, 41st Field Artillery

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 7 July 1967.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 9 December 1967 through 8 December 1968
* item 33 (Appointments and Reductions) he was promoted to specialist four (SP4)/E-4 on 15 September 1968 
* item 38 (Record of Assignments) he was assigned/attached to:

* Battery E, 41st Artillery on 18 December 1967
* Battery A, 4th Battalion, 60th Artillery (attached) from 18 December 1967 to 20 January 1968
* Battery E, 41st Artillery on 21 January 1968
* Battery C, 4th Battalion, 60th Artillery (attached) from 21 January to 19 August 1968
* Battery E, 41st Artillery from 20 August to 2 December 1968

* item 38 he received "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations) the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), overseas service bar, and Purple Heart

4.  He provided a document entitled “Unit Lineages” which gives an abbreviated lineage of Battery E, 41st Artillery, campaign participation credit during World War II and Vietnam, and decorations for Vietnam.  

5.  He provided a letter, dated 7 September 1968, which certified him a temporary firearm permit.  This letter indicated he was assigned to the 4th Battalion, 60th Artillery, 1st Cavalry Division.

6.  Orders published on 2 December 1968 show he was reassigned from Battery E, 41st Artillery to the U.S. Army Vietnam Returnee Detachment.  

7.  He was honorably released from active duty on 3 July 1969 in the rank of SP4.  He completed a total of 1 year, 11 months, and 27 days of active military service with no time lost.  His service record has no disciplinary actions or evidence disqualifying him by his chain of command for award of the Army Good Conduct Medal.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the:

   a.  Meritorious Unit Commendation for the period 20 March 1967 to 20 March 1968 by Headquarters, Department of the Army General Order (DAGO) Number 1, dated 1969.
   
   b.  Meritorious Unit Commendation for the period 1 April 1968 to 31 March 1969 by Headquarters, DAGO Number 39, dated 1970.
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 25 April 1967 to 31 October 1969 by DAGO Number 18, dated 1979 (amended DAGO 53, dated 1970).

   d.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 August 1971 by Headquarters, DAGO Number 54, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.  


11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a unit in Vietnam during a period the unit was cited twice for award of the Meritorious Unit Commendation.  His unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record does not show he was disqualified from receiving the Army Good Conduct Medal (1st Award) for the period 7 July 1967 through 3 July 1969.  He was advanced to SP4/E-4 and he received "excellent" conduct and efficiency ratings during this period.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) for the period 7 July 1967 through 3 July 1969 and his DD Form 214 should be corrected to show this award.

3.  His DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star for wear on his already-awarded Vietnam Service Medal.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 July 1967 through 3 July 1969;

	b.  deleting the Vietnam Service Medal with two bronze service stars from item 24 of his DD Form 214; and

	c.  amending item 24 of his DD Form 214 by adding the Meritorious Unit Commendation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (1st Award), and Vietnam Service Medal with one silver service star.  




      _______ _   __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)                                         AR20110015143





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ABCMR Record of Proceedings (cont)                                         AR20110015143



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