IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120002510 


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 award of the:

* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal (VSM)
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states:

	a.  he met the criteria for award of the AGCM;

	b.  he is authorized the MUC based on assignment to Headquarters and Headquarters Battery (HHB), 1st Cavalry Division;

	c.  he served in the RVN during four campaigns which authorize him four bronze service stars; and

	d.  his RVN service was with units that received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.



3.  The applicant provides:

* DD Form 214 effective 20 October 1969
* National Guard Bureau Form 22 (Report of Separation and Record of Service in the Kentucky Army National Guard (KYARNG)

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.  On 5 March 2012, a DD Form 215 (Correction to DD Form 214) was issued making the following corrections to the applicant's DD Form 214 effective 20 October 1969:

	a.  deleted:  Expert Badge (Rifle), Vietnam Service Medal, and Vietnam Campaign Medal; and

	b.  added:  Driver and Mechanic Badge with "W" Bar, VSM with four bronze service stars, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and one overseas service bar.

3.  Based on the corrections addressed in the preceding paragraph, the applicant's issues concerning the following awards will not be discussed further in this Record of Proceedings.

* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

4.  On 11 November 1967, the applicant enlisted in the KYARNG.  He completed his active duty for training from 2 January to 3 May 1968.  He was awarded military occupational specialty 13A (Field Artillery Basic) and returned to Battery C, 2nd Battalion, 138th Field Artillery Regiment, KYARNG, located in Bardstown, KY.

5.  On 13 May 1968, the applicant and his KYARNG unit were involuntarily ordered to active duty.  He subsequently proceeded with his unit to Fort Hood, Texas.

6.  On 11 October 1968, the applicant proceeded with his unit to the RVN.  His assignments in the RVN included:

	a.  30 October 1978 to 1 July 1969, Service Battery, 2nd Battalion, 138th Field Artillery Regiment;

	b.  12 to 19 July 1969, Battery B, 4th Battalion, 42nd Artillery Regiment, 4th Infantry Division;

	c.  20 July to 23 September 1969, Battery A, 4th Battalion, 42nd Artillery Regiment, 4th Infantry Division; and

	d.  24 September to 10 October 1969, Battery C, 2nd Battalion, 138th Field Artillery Regiment.

7.  On or about 11 October 1969, the applicant departed the RVN with his unit, arriving first at Fort Knox, KY, and then in Bardstown, KY.  On 20 October 1969, he was honorably released from active duty in the rank of specialist four/E-4.

8.  The applicant's DD Form 214 effective 20 October 1969 shows he completed 1 year, 5 months, and 8 days of creditable active duty service during this period.  As previously corrected, the DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars
* Driver and Mechanic Badge with Driver-W Bar

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows all of his conduct and efficiency ratings were "excellent."  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show the applicant's commander took any action to deny him the AGCM.



10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This publication shows the 4th Battalion, 42nd Artillery Regiment, was cited in Department of the Army General Orders Number 53, dated 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.  The 138th Field Artillery is not listed in this pamphlet. 

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the:

* MUC
* AGCM
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant's records clearly show he distinguished himself in the performance of his military service by attaining the rank of specialist four and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that not awarding him an AGCM for his service was an oversight.  Accordingly, he should be awarded the AGCM at this time.

3.  The applicant's contention that he is authorized the MUC based on his assignment with HHB, 1st Cavalry Division, is not supported by the available evidence of record.  His records do not show he was ever assigned to that unit.  Furthermore, there is no evidence showing any of the units he served with were awarded the MUC.  Therefore, this portion of his request should be denied.

4.  The applicant's unit, 4th Battalion, 42nd Artillery Regiment, was cited in general orders for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this unit award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 AGCM for the period 13 May 1968 to 20 October 1969 and

	b.  adding award of the AGCM and RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board further determined 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 award of the MUC.



      _______ _  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)                                         AR20120002510



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ABCMR Record of Proceedings (cont)                                         AR20120002510



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