BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120004483 


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 Stated Report of Transfer or Discharge) to show the:

* Vietnam Service Medal with bronze service stars
* Vietnam Campaign Medal
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation 
* “Republic of Vietnam Meritorious Unit Citation” (presumably, the Republic of Vietnam Civil Actions Medal First Class Unit Citation)

2.  The applicant states he was discharged from the service on temporary records and his DD Form 214 was not updated after the fact.

3.  The applicant provides his DD Form 214, a certificate, a citation, and his 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's records show he enlisted in the Regular Army on 5 December 1967 and he held military occupational specialty 64B (Heavy Vehicle Driver).  He served in Vietnam from 10 May 1968 to 9 May 1969 as follows:

* 10 May - 13 December 1968, assigned to Headquarters and Headquarters Company, 9th Supply and Transport Battalion, 9th Infantry Division
* 14 December 1968 - 9 May 1969, assigned to the 9th Administration Company, 9th Infantry Division

3.  General Orders (GO), dated 4 May 1969, issued by Headquarters, 9th Infantry Division, awarded him the Bronze Star Medal for meritorious service in Vietnam.

4.  He was honorably released from active duty on 4 December 1970 and transferred to the U.S. Army Reserve.  He completed 3 years of creditable active service with no lost time.

5.  His DD Form 214 shows the National Defense Service Medal.  Item 30 (Remarks) of this form contains the entries "Vietnam Service: May 1968 - May 1969" and "Enlisted member separated from service on temporary records."

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void any convictions by a court-martial or a commander's disqualification for the first award of the Army Good Conduct Medal.

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.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

	b.  The Republic of Vietnam Campaign Medal with Device (1960), also known as the Vietnam Campaign Medal, was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the:

* 9th Supply and Transport Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 December 1966 through 30 June 1968, by DA General Orders (DAGO) Number 31, dated 1969
* 9th Administration Company was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam for 1 year and he participated in four campaigns.  Therefore, he is entitled to awards of the Vietnam Service Medal with four bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show these awards.

2.  GO awarded him the Bronze Star Medal and his records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-14).  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  The evidence of record shows he served honorably from 5 December 1967 through 4 December 1970.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation, there is no evidence his units in Vietnam were awarded these awards during a period he was assigned to the unit.  Therefore, there is insufficient evidence upon which to correct his DD Form 214 to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 December 1967 through 4 December 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* 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)

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 the Presidential Unit Citation, Valorous Unit Award, and the Meritorious Unit Commendation.  



      _______ _ 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)                                         AR20120004483





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ABCMR Record of Proceedings (cont)                                         AR20120004483



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