IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110020830 


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 Gallantry Cross with Palm Unit Citation.

2.  The applicant states he never received this award.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 on 23 January 1967 and he held military occupational specialty 44C (Welder/Blacksmith).  He served in Vietnam from on or about 22 February 1968 to on or about 16 February 1969.  He was assigned to Headquarters and Headquarters Company, 4th Engineer Battalion, 4th Infantry Division.

3.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 22 January 1970.  He completed 3 years of creditable active service with no lost time.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 4th Engineer Battalion this unit was cited for award of the:

* Meritorious Unit Commendation for service from 13 October 1967 to 15 July 1968 based on Department of the Army General Orders (DAGO) Number 42, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 based on DAGO Number 53, dated 1970

5.  A review of the applicant's record shows entitlement to additional awards that are not shown on his DD Form 214.

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as Expert with the M-14 rifle on 2 July 1969 and as Sharpshooter with the M-16 rifle on 25 July 1969.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* 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
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969

8.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating throughout his service, except for ratings of "unknown" during basic combat training and hospitalization.

9.  Army Regulation 672-5-1 (Decorations and 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 the 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.

DISCUSSION AND CONCLUSIONS:

1.  DAGO awarded his units in Vietnam the Meritorious Unit Commendation, 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 records to show these unit awards.

2.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  He served honorably from 23 January 1967 through 22 January 1970.  He attained the rank/grade of SP5/E-5 and received multiple awards, including the Army Commendation Medal.  He received mostly "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 listed the entry "Expert (Rifle)" in relation to his M-14 rifle.  As a matter of clarity, this entry should be corrected to show the specific weapon.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 23 January 1967 through 22 January 1970
* deleting the Vietnam Service Medal and "Expert (Rifle)" from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20110020830



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ABCMR Record of Proceedings (cont)                                         AR20110020830



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