IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110018945 


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 records to show award of the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 or 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation, Valorous Unit Award, or Meritorious Unit Commendation

2.  The applicant states the awards were not recorded on his separation document when he was released from active duty (REFRAD).

3.  The applicant provides, in support of his request, a copy of his:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* National Personnel Records Center (NPRC) letter, dated 12 April 2011

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records to show his awards.

2.  Counsel states, in effect, he defers to the applicant.

3.  Counsel provides no additional documentary evidence in support of the application.

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 19 June 1968.  He was awarded military occupational specialty 76W (Petroleum Storage Specialist).

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service):  Vietnam from 30 June 1969 to 11 June 1970;

	b.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 on 26 February 1969;

	c.  item 38 (Record of Assignments):  134th Quartermaster Company, from
4 July 1969 through 7 June 1970;

	d.  item 39 (Campaigns):  no entry (is blank); and

4.  A DD Form 214 shows the applicant entered active duty on 19 June 1968.  He was honorably REFRAD on 11 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 11 months, and 23 days of net active service that included 11 months and 11 days of foreign service.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 Overseas Service Bars

5.  The applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* 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)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  The pamphlet does not list any unit awards for the 134th Quartermaster Company during the period of the applicant's assignment.

	b.  Paragraph 6d states that Department of the Army General Orders 8 (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.

7.  On 12 March 1970, the applicant received nonjudicial punishment (NJP) for violating a general regulation by being present in an off-limits area.  The punishment imposed was a forfeiture of $30.00 pay for 1 month.

8.  The applicant's military service records do not contain any other disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).
   a.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

	b.  A DA Form 137 (Installation Clearance Record), dated 7 June 1970, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

9.  In support of his request, the applicant provides a copy of an NPRC, Military Personnel Records, St. Louis, Missouri, letter, dated 12 April 2011, that shows a technician authorized the issuance of the following medal sets to the applicant:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Louisiana, Special Orders Number 250, dated 3 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

12.  Headquarters, 260th Quartermaster Battalion (Petroleum Supply) (Army), Fort Lee, Virginia, Special Orders Number 250, dated 12 March 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

13.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

	a.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) and Rifle (M-14) Bars;

	b.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal; and

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

2.  There is no evidence the applicant's unit was awarded the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, or Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant served a qualifying period of active enlisted service for the first award of the Army Good Conduct Medal from 19 June 1968 to 11 June 1970.

   a.  He was promoted to SP4 (E-4) with less than 9 months of active service.

   b.  He received "excellent" conduct and efficiency ratings during his service.

   c.  He received NJP for being in an off-limits area.  However, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his DD Form 214 to show the award.

4.  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:

________  ________  ________  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 (1st Award) for the period
19 June 1968 to 11 June 1970 (Standard Name Line:  SP4 134th Quartermaster Company, U.S. Army Vietnam);

   b.  deleting from item 24 of his DD Form 214 the "EXP M-14" and "VSM"; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) and Rifle (M-14) Bars

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 the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation, and 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)                                         AR20110018945



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ABCMR Record of Proceedings (cont)                                         AR20110018945



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