BOARD DATE:	  23 August 2012 

		DOCKET NUMBER:  AR20120003970 


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 request correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he was authorized this award but it is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record). 

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 14 June 1968 and he held military occupational specialty 51H (Construction Foreman). 

3.  Special Orders Number 207, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 26 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 92, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, on 2 April 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in the Republic of Vietnam from 19 June 1969 through 19 December 1970.  He was assigned to Company C, 46th Engineer Battalion. 

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 20 December 1970.  He completed 2 years, 6 months, and 7 days of creditable active service.  His DD Form 214 shows the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal

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 46th Engineer Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 3 August 1967 to 9 February 1970 based on Department of the Army General Orders Number 43, dated 1970.

8.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders 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.

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

10.  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.

11.  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 four campaigns:

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 14 June 1968 through 20 December 1970.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, and he received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified the applicant 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.

2.  General orders awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his records; therefore, he is entitled to correction of his records to show these badges.

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


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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 June 1968 through 20 December 1970
* adding to his DD Form 214 the:

* 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
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Four bronze service star 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)                                         AR20120003970





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ABCMR Record of Proceedings (cont)                                         AR20120003970



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