IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001290 


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 Transfer or Discharge) to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states the award is not listed on his DD Form 214.

3.  The applicant provides 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 31 December 1968 and he held military occupational specialty 63C (Track Vehicle Repairman).  He served in the Republic of Vietnam from 22 November 1969 to 30 October 1970.  He was assigned to the Headquarters and Service Battery, 1st Battalion, 39th Artillery.

3.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 4 November 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Two overseas service bars
* Vietnam Campaign Medal
* Vietnam Service Medal

4.  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 applicant's unit of assignment, Headquarters and Service Battery, 1st Battalion, 39th Artillery, was awarded the Valorous Unit Award for action on 13 April 1970 based on Department of the Army General Orders (DAGO) Number 2, dated 1971.

5.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

6.  A review of the applicant's service record shows no derogatory information or a commander's disqualification that would have precluded the applicant being awarded the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  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.

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.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit of assignment in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these stars.

3.  The applicant served honorably from 31 December 1968 through 4 November 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal 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:

* awarding him the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 31 December 1968 through 4 November 1971
* adding to his DD Form 214 the:

* Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Three bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   _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)                                         AR20120001290



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ABCMR Record of Proceedings (cont)                                         AR20120001290



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