IN THE CASE OF:	  

		BOARD DATE:	    9 February 2012

		DOCKET NUMBER:  AR20110015515 


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 military service records to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other awards he is authorized.

2.  The applicant states the award was omitted from his separation document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

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 enlisted in the Regular Army on 28 November 1969.  He was awarded military occupational specialty 96D (Image Interpreter).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 21 July 1970 through 20 July 1971;

	b.  item 38 (Record of Assignments):

	 	(1)  Headquarters and Headquarters Company, 268th Aviation Battalion (Combat), from 6 August 1970 through 17 July 1971; and

	 	(2)  he received "excellent" conduct and efficiency ratings throughout the entire period of his military service;

	c.  item 39 (Campaigns):

* the 13th [as then] unnamed campaign
* Vietnam Counteroffensive Phase VII
* DA Sanctuary Counteroffensive

	d.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* 1 Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

4.  Headquarters and Headquarters Company, 268th Aviation Battalion (Combat), Unit Orders Number 57, dated 17 September 1970, promoted the applicant to specialist four (SP4)/pay grade E-4 effective 16 September 1970.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 12683, dated
28 December 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 31 July to 30 November 1970.

6.  Headquarters, 268th Combat Aviation Battalion, memorandum, dated 22 May 1971, shows the applicant was selected for placement on the Promotion Merit List to pay grade E-5 on 15 April 1971.


 7.  A DD Form 214 shows the applicant entered active duty on 28 November 1969, was honorably released from active duty on 2 October 1972, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 2 years, 10 months, and 5 days of net active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  A review of the available evidence reveals the applicant may be authorized additional awards that are not shown on his DD Form 214.

9.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	c.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that the Sanctuary Counteroffensive (1 May - 30 June 1970) was the 13th campaign in Vietnam.  It also shows that during the applicant's tour in Vietnam (from
21 July 1970 to 20 July 1971) he participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to Headquarters and Headquarters Company, 268th Aviation Battalion (Combat), the company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1969 to 30 September 1970 by Department of the Army General Orders Number 6 (1974).

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant qualified for the National Defense Service Medal based on his active duty service during the Vietnam Conflict.

2.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 28 November 1969 through
2 October 1972.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam.

	c.  He was promoted to SP4 (E-4) with less than 10 months of active service and recommended for promotion to E-5 after completing less than 17 months of active service.

   d.  He received "excellent" conduct and efficiency ratings during his service.
   e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

4.  Records show the applicant served in the Republic of Vietnam (from 21 July 1970 to 20 July 1971) during two campaigns.

	a.  The evidence of record fails to show he participated in the 13th campaign (Sanctuary Counteroffensive:  1 May - 30 June 1970) in Vietnam.  Thus, he is authorized the Vietnam Service Medal with 2 bronze service stars.

	b.  Despite the error in his records regarding the 13th campaign, no action is being taken to delete the erroneous award entry in item 24 of his DD Form 214.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 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
28 November 1969 through 2 October 1972; and

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

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.




      _______ _   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)                                         AR20110015515



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015515



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1