IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022558 


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 Separation or Discharge) to show the Army Commendation Medal (2nd Award) and Army Good Conduct Medal.

2.  The applicant states he never received the Army Good Conduct Medal; however, he received the Army Commendation Medal (2nd Award), but it was never added to his DD Form 214.  He believes this was an oversight.

3.  The applicant provides a Standard Form 180 (Request Pertaining to Military Records) and his DD Form 214.

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 24 July 1967.  He completed the training requirements and he was awarded military occupational specialty 91D (Operating Room Specialist).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 23 June 1968 to 22 June 1969 and he was assigned to the 18th Surgical Hospital.

4.  His records contain General Orders (GOs) Number 434, issued by Headquarters, 44th Medical Brigade, dated 26 May 1969, awarding him the Army Commendation Medal for meritorious service from 23 June 1968 to 22 June 1969.

5.  His records also contain GOs Number 72, issued by Headquarters, Walter Reed Army Medical Center, dated 27 August 1970, awarding him the Army Commendation Medal for meritorious service from 30 July 1969 to 23 August 1970.

6.  He was honorably released from active duty on 21 August 1970.  His DD Form 214 shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Department of the Army (DA) 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.  This pamphlet shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 20 July 1965 to 28 March 1973, by DAGO 8, dated 1974 when he was assigned to the unit.





8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze 
service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* 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
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969 
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969

9.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 24 July 1967 through 21 August 1970.  He received “excellent” ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

10.  Army Regulation 672-5-1 (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.  GOs awarded him a second Army Commendation Medal, which is not shown on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  However, he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to have his DD Form 214 corrected to show one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

3.  GOs awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; he is entitled to correction of his DD Form 214 to show this unit award.

4.  He served honorably during the period 24 July 1967 through 21 August 1970.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to show this medal.

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: 

a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
24 July 1967 through 23 July 1970;

   b.  deleting from his DD Form 214 the Army Commendation Medal; and 
   
   c.  adding the following awards to his DD Form 214:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award) 




* one silver service star to be worn with his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110022558



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ABCMR Record of Proceedings (cont)                                         AR20110022558



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