IN THE CASE OF:	  

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009244 


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 add the Combat Infantryman Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he received the Combat Infantryman Badge and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation but these awards were not annotated on his DD Form 214.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) and 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 was inducted into the Army of the United States on 19 March 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  

3.  His DA Form 20 shows he was assigned to Vietnam from 23 February 1970 to 27 December 1970 and served with Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, from 5 March 1970 to 27 December 1970.

4.  Special Orders (SO) Number 160, issued by Headquarters, 25th Infantry Division, Vietnam, on 9 June 1970, awarded him the Combat Infantryman Badge.

5.  His record contains a memorandum, issued by Headquarters, 25th Infantry Division, Vietnam, on 10 August 1970, which states:

	a.  Pencil entries have been made on the applicant's DA Form 20 indicating award of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation by the government of the Republic of Vietnam to members of the 25th Infantry Division for the period 1 January 1966 to 21 January 1970.

	b.  All entries have been made in pencil as they are an interim measure for record keeping purposes pending confirmation in Department of the Army General Orders (DAGO).  Upon announcement of the award in DAGO, all entries should be changed to permanent entries and the DAGO will be cited as the authority.

	c.  Personnel may wear the Unit Citation Emblem while assigned to the 25th Infantry Division.  Upon departure from this command, no personnel will be authorized to wear this award on a permanent basis until it is confirmed in DAGO.

6.  He was honorably released form active duty on 27 December 1970.  His DD Form 214 shows he completed 1 year, 9 months, and 9 days of net service, of which 10 months and 5 days were credited as foreign service.  This form also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Air Medal
* Army Commendation Medal
* Bronze Star Medal

7.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that:

	a.  during his service with 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the Period of 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973.

	b.  1st Battalion, 27th Infantry Regiment, 25th Infantry Division was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971.  

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states 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 his service in Vietnam, the applicant participated in the following three campaigns:

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

9.  A review of his service record shows no derogatory information in the form of time lost, non-judicial punishment (NJP), or suspension of favorable personnel 
actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 19 March 1969 to 27 December 1970.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are also no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.

10.  Army Regulation 672-5-1 (Military Awards) states the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.



DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.

2.  The evidence of record shows he participated in three campaigns while serving in Vietnam which entitles him to three bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

4.  He served honorably during the period 19 March 1969 to 27 December 1970 and he received all "excellent" conduct and efficiency rating throughout this period.  His records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  His unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period of time that predated his assignment.  A unit award is given to an operating unit and is worn by members of that unit who participated in the cited action.  Personnel who did not participate in the cited action, but who are assigned in the cited unit, are authorized temporary wear of some unit awards.  However, since he was not present during the period for which the award was given this award was not permanently annotated on his record.  As such, the applicant is not entitled to correction of his DD Form 214 to add the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the period
19 March 1969 to 27 December 1970

* adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Three bronze service stars with his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _______ _   __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)                                         AR20120009244





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ABCMR Record of Proceedings (cont)                                         AR20120009244



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