BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110020723
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 award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this unit award.
2. The applicant states all Soldiers in his unit in Vietnam, the 2nd Civil Affairs Company, were awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
3. The applicant provides:
* DD Form 214
* letter, subject: Civil Action Honor Medal, from his unit administration officer, dated 30 January 1970
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 applicants 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 applicants 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 7 December 1967. He completed training and he was awarded military occupational specialty 91B (Medical Specialist). He served in Vietnam with the 2nd Civil Affairs Company from 28 February 1969 to 28 August 1969.
3. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 3 September 1969. He completed 1 year, 8 months, and 27 days of total active service. His DD Form 214 shows he was awarded the National Defense Service Medal.
4. On 20 September 2011, he was issued a DD Form 215 (Correction to
DD Form 214) that added awards of the:
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the:
* Meritorious Unit Commendation for the period 1 March 1968 through
31 May 1969, by Department of the Army General Orders (DAGO) Number 39, dated 1970
* Meritorious Unit Commendation for the period 1 June 1969 through
31 July 1970 by DAGO Number 43, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 March 1968 through 31 May 1969 by DAGO Number 37, dated 1970
6. A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.
7. His record is void of any derogatory information in the form of time lost or a record of court-martial. Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency rating throughout his military service.
8. Army Regulation 672-5-1 (Military 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.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded his unit two awards of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. He served honorably from 7 December 1967 through 3 September 1969. He served in Vietnam, attained the rank/grade of SP5/E-5, and he received all "excellent" conduct and efficiency ratings throughout his military service. There is no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
BOARD VOTE:
___x____ __x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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
7 December 1967 through 3 September 1969, and
b. adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2nd Award)
* 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) AR20110020723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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