IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110018629 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal (sic RVN Campaign Medal with “1960” Device)
* Presidential Unit Citation

2.  He states his record was burned in a fire and he has not received any medals, awards, or the Presidential Unit Citation.

3.  He provides General Orders Number 59.

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 
21 December 1965.  

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

   a.  item 31 (Foreign Service) he served in Vietnam from 22 September 1966 to 21 September 1967;
      
   b.  item 38 (Record of Assignments) he served in Vietnam with:
   
(1)  Company C, 2nd Battalion, 22d Infantry Regiment, 4th Infantry
Division from 22 September 1966 to 6 July 1967; 

		(2)  Company C, 4th Battalion, 23d Infantry Regiment from 7 July 1967 to 16 August 1967; and

   (3)  Headquarters and Headquarters Battalion, 23d Infantry Regiment,
while in Vietnam on 17 August 1967; and

   c.  item 38 that he received all "excellent" ratings for conduct and efficiency; 
      
4.  He was honorably released from active duty on 24 September 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve 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
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with “1960” Device

5.  Item 24 of his DD Form 214 shows he was already awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.  As a result, these medals will not be discussed any further in this record of proceedings.

6.  General Orders Number 59, issued by Headquarters, Department of the Army, Washington, DC, dated 21 October 1968, show the 2nd Battalion, 22nd Infantry Regiment was awarded the Presidential Unit Citation for extraordinary heroism.

7.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 28 January 1968)

8.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period October 1966 to 1 May 1967, by Department of the Army General Orders (DAGO) Number 48, dated 1971; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for action during the period 1 August 1967 to 21 January 1970, by DAGO Number 51, dated 1971.



DISCUSSION AND CONCLUSIONS:

1.  DAGO show the unit the applicant was assigned to in Vietnam was awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings throughout his service.  While in the Army, he attained the pay grade of E-4 and had no time lost.  There is no evidence that he had any court-martial convictions or that his chain of command denied him the award.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 21 December 1965 to 24 September 1967 and correct his DD Form 214 to show this award.

3.  The applicant participated in two campaigns during his service in 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 service stars.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  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 
21 December 1965 to 24 September 1967; and
   
   c.  adding to item 24 of his DD Form 214 the Presidential Unit Citation, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two bronze service stars.
   
   
   
      _______ _  _ 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)                                         AR20110018629





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ABCMR Record of Proceedings (cont)                                         AR20110018629



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