IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120004004
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 Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the medal but it was not put on his DD Form 214.
3. The applicant provides:
* Letter, dated 26 January 2012, from a Member of Congress
* DD Form 214
* Enlistment contract
* U.S. Army Reserve (USAR) discharge orders
* 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 applicants 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 applicants 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 May 1968 for a period of 3 years. He arrived in Vietnam on 9 June 1969. He served as a radar repairman assigned to Headquarters and Headquarters Company (HHC), 11th Aviation Group of the 1st Air Cavalry Division in Vietnam from 17 June 1969 to 10 June 1970. On 28 May 1971, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation. He was honorably discharged from the USAR on 1 May 1974.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. Orders, dated 5 May 1971, show he received the first award of the Army Good Conduct Medal.
5. Records show he participated in three campaigns during his assignment in Vietnam.
6. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows HHC, 11th Aviation Group, was cited for award of the:
* Valorous Unit Award for actions during the period 1 May 29 June 1970 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 period May 1969 to February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 21 February 1970 to 28 February 1971 by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42, dated 1972
7. 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 indicate all awards received.
8. 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 first award of the Army Good Conduct Medal. His DD Form 214 should be corrected to show this medal.
2. He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars. His DD Form 214 should be corrected to show these awards.
3. His unit was cited for the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit. His DD Form 214 should be corrected to show these unit awards.
4. His 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, his DD Form 214 should be corrected to show these 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 adding the Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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) AR20120004004
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