IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022979 


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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states the ARCOM was presented to him with his Purple Heart in Vietnam.

3.  The applicant provides no documentary evidence.

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 2 January 1969.  He arrived in Vietnam on 13 June 1969.  He served as an infantry indirect fire crewman assigned to Company E, 2nd Battalion, 1st Infantry, 196th Infantry Brigade in Vietnam from 27 June 1969 to 12 June 1970.  On 1 October 1970, he was released from active duty in the rank of specialist four after completing 
1 year and 9 months of creditable active service with no time lost. 

3.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 
1 October 1970 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart  

4.  Orders, dated 25 May 1970, show he received the ARCOM.

5.  There is no evidence the applicant received the Army Good Conduct Medal (1st Award).  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Records show he participated in three campaigns during his assignment in Vietnam.

7.  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 2nd Battalion, 1st Infantry, was cited for award of the:

* Valorous Unit Award for actions during the period 11-31 August 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the periods 24 August to 31 December 1969 and 31 March to 
* 30 June 1970 by DAGO Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 15 April to 28 August 1969 by DAGO Number 69, dated 1974

8.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received.

9.  He enlisted in the Regular Army on 31 January 1978.  On 31 March 1978, he was honorably discharged by reason of physical disability (existed prior to service). 

10.  His DD Form 214 for the period ending 31 March 1978 shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Valorous Unit Award  
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* two service stripes

11.  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 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.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the ARCOM.  His DD Form 214 for the period ending 31 March 1978 should be corrected to show this medal.

2.  He was released from active duty on 1 October 1970 in the rank of specialist four with 21 months of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 2 January 1969 through 1 October 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 for the period ending 31 March 1978 should be corrected to show this award.

3.  His DD Form 214 for the period ending 31 March 1978 shows one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, his Vietnam unit was cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Although he is entitled to wear only one of these awards, this DD Form 214 should be corrected to show both unit awards.

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.  deleting the entry "Vietnam Cross of Gallantry w/Palm (unit)" from his 
DD Form 214 for the period ending 31 March 1978; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
2 January 1969 through 1 October 1970; and 



	c.  adding the ARCOM, Army Good Conduct Medal (1st Award), and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 31 March 1978. 



      _____________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)                                         AR20110022979



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ABCMR Record of Proceedings (cont)                                         AR20110022979



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