IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001224 


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), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two silver service stars (to be affixed to his Vietnam Service Medal) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* The ARCOM was awarded to him on 1 May 1969 but it is not listed on his DD Form 214
* He received the citation and award certificate but he never received the medal
* His DD Form 214 should show the Vietnam Service Medal with two silver service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation  

3.  The applicant provides:

* Two applications
* DD Form 214
* Citation and award certificate for the ARCOM
* Letter, dated 30 January 2012, from the National Personnel Records Center (NPRC) in St. Louis, MO 



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 16 May 1967.  He arrived in Vietnam on 17 September 1968.  He served as a decontamination specialist assigned to the 266th Chemical Company/Platoon of the 1st Infantry Division in Vietnam from 26 September 1968 to 8 May 1969.  On 9 May 1969, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 24 days of creditable active service with no lost time. 

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
  
4.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, reveal ARCOM orders pertaining to the applicant.

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 266th Chemical Platoon was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970
6.  Records show he participated in three campaigns during his assignment in Vietnam.

7.  In support of his request for two silver service stars to be affixed to his Vietnam Service Medal, he provided a letter, dated 30 January 2012, from NPRC which shows that office authorized shipment of the Vietnam Service Medal with two silver service stars. 

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

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 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.  Orders awarding the applicant the ARCOM were located.  This award should therefore be added to his DD Form 214.   

2.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

3.  He contends his DD Form 214 should show the Vietnam Service Medal with two silver service stars in accordance with the NPRC letter he provided.  However, the governing regulation states that a silver service star is authorized in lieu of five bronze service stars (for participation in five campaigns), and there were only three campaigns during his assignment in Vietnam, it appears the NPRC letter is incorrect.  He is entitled to the Vietnam Service Medal with three bronze service stars and his DD Form 214 should be corrected to show these awards.

4.  He was honorably released from active duty in the temporary rank of specialist four with nearly 2 years of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 16 May 1967 through 9 May 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
16 May 1967 through 9 May 1969; and

	b.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his     DD Form 214.

2.  The Board further determined that 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 adding two silver service stars to his DD Form 214.  




      _______ _   __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)                                         AR20120001224



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ABCMR Record of Proceedings (cont)                                         AR20120001224



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