IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110018942 


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 following:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Commendation Medal
* any and all medals awarded to his unit in Vietnam

2.  The applicant states requested awards and decorations were left off his 
DD Form 214 when he left Vietnam and the Army.

3.  The applicant provides:

* DD Form 214
* letter, National Personnel Records Center, dated 12 September 2011
* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 5970, Headquarters, U.S. Army Vietnam, APO San Francisco, dated 19 November 1967



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 in the Army of the United States on 10 February 1966.  He completed training and was awarded military occupational specialty 96B (Intelligence Analyst).  The highest rank/grade he attained while on active duty was specialist five (SP5)/E-5. 

3.  The applicant's DA Form 20 shows the following:

   a.  Item 31 (Foreign Service) shows USARPAC (U.S. Army Pacific), Vietnam, for the period 24 September 1966 to 24 November 1967.

   b.  Item 38 (Record of Assignments) shows he was assigned to the following units while in the Republic of Vietnam:

* Technical Intelligence Detachment, 519th Military Intelligence Battalion during the period 24 September 1966 to 7 May 1967
* Technical Intelligence Detachment, 525th Military Intelligence Group during the period 8 May 1967 to 21 November 1967

   c. Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.  

   d.  Item 39 (Campaigns) shows he was credited with participation in the Vietnam Counteroffensive Phase II campaign.

e. Item 41 (Awards and Decorations) does not show award of the following:

* Army Good Conduct Medal
* Vietnam Service Medal with two or three bronze service stars
* Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Commendation Medal
* any unit awards awarded to his unit in Vietnam

4.  The applicant's DD Form 214 shows the following:

   a.  Item 22c (Foreign and/or Sea Service) shows 1 year, 1 month, and 29 days.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows among his awards, the Vietnam Service Medal and Vietnam Campaign Medal with Device.

5.  The applicant was honorably released from active duty on 23 November 1967 and transferred to the U.S. Army Reserve Control Group for annual training.  He completed 1 year, 9 months, and 14 days of active military service.

6.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

8.  General Orders Number 5970 awarded the applicant the Army Commendation Medal for meritorious service during the period October 1966 through November 1967.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

10.  Department of the Army General Orders (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 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  A review of Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show any awards received by units to which the applicant was assigned while serving in the Republic of Vietnam.  This regulation shows the time the following units were cited for award of the Meritorious Unit Commendation:

* 519th Military Intelligence Battalion for the period 1 January 1970 through 31 December 1970 by DAGO Numbers 52 and 74; 1 January 1972 through 18 October 1972 by DAGO Number 6, dated 1976
* 525th Military Intelligence Battalion for the period 1 December 1967 through 30 November 1968, DAGO Number 39, dated 1970; 1 December 1968 through 24 September 1969; DAGO Number 52, dated 1974

12.  A review of Army Pamphlet 672-3 does show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or any additional unit awards to any of the units to which the applicant was assigned while serving in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for awards and decorations awarded to him and his unit during his service in the Republic of Vietnam was carefully considered and determined to have partial merit.

2.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 10 February 1966 through 23 November 1967 and correction of his DD Form 214 to show this award.

3.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze services star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.   General Orders 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 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.

5.  General Orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this decoration.

6.  Although both the 519th Military Intelligence Battalion and 525th Military Intelligence Group both received the Meritorious Unit Commendation, the applicant was not assigned to the units during the award period.  Further, the governing regulation does not show award of the additional unit awards for these units.

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 for the period 10 February 1966 to 23 November 1967.


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

   *	Army Good Conduct Medal
   *	Army Commendation Medal
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	two bronze service star to be affixed to his previously awarded Vietnam Service Medal

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 award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Commendation or any other unit award cited to units to which the applicant was assigned while serving in the Republic of Vietnam.  



      ____________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)                                         AR20110018942



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ABCMR Record of Proceedings (cont)                                         AR20110018942



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