IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110019525 


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 the:

* "GSM" Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award and any other unit awards and decorations that he may be authorized

2.  The applicant states he served in Vietnam with Company A, 1st Battalion, 5th Infantry, 25th Infantry Division, from 27 September 1966 to 18 September 1967.  He was wounded in action on 6 March 1967 and on 4 May 1967.  He then served with the Security Guard Company, Special Troops Battalion, U.S. Army Vietnam (USARV), from 18 September to 25 October 1967.

3.  The applicant provides:

* DD Forms 214 for the periods ending 7 June 1963 and 13 September 1968
* Letter from the National Personnel Records Center
* Citation for award of the Bronze Star Medal
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)

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 for 3 years on 8 June 1960 and he held military occupational specialty (MOS) 112.07 (Heavy Weapons Infantryman).  He was promoted to private (PV2)/E-2 on 8 October 1960 and private first class (PFC)/E-3 on 13 February 1961.

3.  On 9 December 1961, Company E, 1st Battalion, 327th Infantry, Fort Campbell, KY, published Unit Orders Number 53 reducing him to PV2/E-2 for misconduct.

4.  On 25 February 1963, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failure to repair.

5.  Section 4 (Chronological Record of Military Service) of his DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout this period of enlistment with the exception of:

* 15 June to 27 August 1962, Fort Campbell, KY, he received "good" conduct and efficiency ratings
* 20 October 1962 to 7 June 1963, Fort Campbell, KY, he received "good" conduct and efficiency ratings

6.  There is no indication he was recommended for or awarded the Army Good Conduct Medal.

7.  He was honorably released from active duty in the rank/grade of PFC/E-3 on 7 June 1963 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

8.  He again enlisted in the RA for 3 years on 14 September 1965 and he held MOS 11C (Infantry Indirect Fire Crewmember).  He served in Germany from 8 October 1965 to 28 August 1966.  He also served in Vietnam from 14 September 1966 to 22 April 1968.  He was assigned as follows:

* 27 September 1966 to 17 September 1967, Company A, 1st Battalion, 5th Infantry
* 18 September to 24 October 1967, Security Guard Company, Special Troop Battalion, USARV
* 25 October 1967 to 19 April 1968, Company C, 716th Military Police Battalion, 52nd Infantry

9.  Headquarters, 25th Infantry Division, published the following General Orders (GO):

* GO Number 861, dated 8 March 1967, awarded him the Purple Heart for wounds received in action on 6 March 1967
* GO Number 1684, dated 6 May 1967, awarded him the Purple Heart for wounds receive in action on 4 May 1967
* GO Number 3100, dated 1 August 1967, awarded him the Bronze Star Medal for meritorious service

10.  Headquarters, USARV Memorandum, dated 7 April 1968, authorized him award of the Republic of Vietnam Gallantry Cross with Bronze Star for heroic actions during the period 22 February to 10 April 1967.

11.  He accepted NJP under the provisions of Article 15 of the UCMJ on/for:

* 9 February 1966, for being absent without leave on 9 February 1966
* 18 March 1966, for being improperly dressed, being absent from his unit, and possessing an unauthorized pass
* 2 June 1966, for being absent from his unit on 1 June 1966
* 4 March 1968, for being absent from his assigned unit during curfew hours on 2 July 1966
* 19 July 1968, for failing to obey a lawful order, twice failing to go at the time prescribed to his appointed place of duty, and violating a general regulation
12.  His records do not contain official orders awarding him the Army Good Conduct Medal for this period of service. 

13.  Item 33 (Appointment and Reductions) of his DA Form 20 shows he was reduced to E-2 on 19 March 1966 and E-1 on 3 June 1966.  Additionally, after having been promoted to E-5 on 21 May 1967, he was reduced to E-4 on 26 July 1968.

14.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service with the exception of:

* 25 October to 7 November 1967, Vietnam, he received "unknown" conduct and efficiency rating
* 22 January to 19 April 1968, Vietnam, he received a "good" conduct and an "excellent" efficiency rating

15.  He was honorably discharged from active duty in the rank/grade of corporal/E-4 on 13 September 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device "1960"
* Three Overseas Service Bars
* Army of Occupation Medal (Berlin)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar (81 mm)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Purple Heart (1st Oak Leaf Cluster)
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Grenade Launcher Bar   (M-79)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber)

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.
17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with Company A, 1st Battalion, 5th Infantry, in Vietnam, from 27 September 1966 to 17 September 1967, this unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1966 to 31 August 1968 based on Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1966 to 21 January 1970, based on DAGO Number 9, dated 1979

18.  Department of the Army Pamphlet 672-3 shows during his service with Company C, 716th Military Police Battalion, from 25 October 1967 to 19 April 1968, this unit was cited for awards of the:

* Presidential Unit Citation, for service from 31 January to 10 February 1968, based on DAGO Number 17, dated 1969
* Meritorious Unit Commendation, for service from 1 January to 31 October 1968, based on DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 17 April 1965 to 18 April 1968, based on DAGO Number 31, dated 1969

19.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam (14 September 1966 to 22 April 1968), participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 
* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* Tet Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant was authorized award of the Republic of Vietnam Gallantry Cross with Bronze Star for heroic actions during the period 22 February 1967 to 10 April 1967.  He is entitled to have this award listed on his DD Form 214.

2.  General orders awarded the applicant's units in Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  Therefore, he is entitled to have these unit awards listed on his DD Form 214. 

3.  With respect to the Army Good Conduct Medal:

	a.  During his first period of active service (8 June 1960 to 7 June 1963), he was reduced in grade on 9 December 1961 and he received NJP on 25 February 1963.  Additionally, he did not receive all "excellent' conduct and efficiency ratings during this period and he was neither recommended for nor awarded the Army Good Conduct Medal.  It does not appear he met the criteria for this award.

	b.  During his second period of active service (14 September 1965 to 13 September 1968), he was reduced in grade on at least three separate occasions and he received NJP on 4 separate occasions.  Additionally, he did not receive all "excellent' conduct and efficiency ratings during this period and he was neither recommended for nor awarded the Army Good Conduct Medal.  It also appears he did not meet the criteria for this award during this period of service.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to award of a silver service star in lieu of the three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* Deleting from his DD Form 214 for the period ending on 13 September 1968 the Vietnam Service Medal with three bronze service stars
* Adding to his DD Form 214 for the period ending on 13 September 1968 the:

* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Bronze Star
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

2.  The Board further determined 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 Army Good Conduct Medal.



      _______ _   __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)                                         AR20110019525



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ABCMR Record of Proceedings (cont)                                         AR20110019525



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