IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010220 


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) for the period ending 20 March 1969 to show the Meritorious Unit Commendation and any other awards and decorations he may have earned.

2.  The applicant states his unit in Vietnam, the 3rd Radio Research Unit, was awarded the Meritorious Unit Commendation.

3.  The applicant provides:

* DD Forms 214
* Department of the Army General Orders (GO) Number 22
* 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 15 February 1960 and he held military occupational specialty 951.60 (Military Policeman).  He served in Japan from 21 August 1960 to 1 January 1962.  He also served in Vietnam with the 3rd Radio Research Unit from 2 January 1962 to 7 June 1963.

3.  GO Number 4 issued by Headquarters, 3rd Radio Research Unit, on 3 May 1963 awarded him the Army Good Conduct Medal (1st Award) for service from 4 May 1960 through 3 May 1963.

4.  While serving in Vietnam, he was honorably discharged on 9 June 1963 for the purpose of immediate reenlistment.  His DD Form 214 for this period shows he was awarded or authorized the:

* Marksman Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Carbone Bar
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal

5.  He reenlisted in the Regular Army on 10 June 1963.  He served in Vietnam with the 560th Military Police Company from 1 May 1965 to 12 December 1965.

6.  GO Number 17 issued by Headquarters, 95th Military Police Battalion, on 29 July 1966 awarded him the Army Good Conduct Medal (2nd Award) for service from 3 May 1963 through 2 May 1966.

7.  He was honorably discharged on 20 March 1969.  He completed a total of 9 years, 1 month, and 6 days of creditable active service with no lost time.  His DD Form 214 for this period shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* five overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  His record shows he received nonjudicial punishment (NJP) on 7 October 1965 for wearing an unauthorized badge.  However, there is no other NJP or derogatory information in his record.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

9.  Army Regulation 672-5-1 (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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 3rd Radio Research Unit in Vietnam, this unit was cited for award of the Meritorious Unit Commendation for service from 13 May 1961 to 31 December 1962 by Department of the Army GO Number 22, dated 1963.

11.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded one of his units in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 20 March 1969 to show both unit awards.

2.  The applicant served honorably from 15 February 1960 through 20 March 1969, for a total of 9 years, 1 month, and 6 days of creditable active service.  Aside from one instance of NJP in 1965, he received "excellent" conduct and efficiency ratings throughout his military service and his record is void of any derogatory information which would have prevented his receipt of a third award of the Army Good Conduct Medal.  Furthermore:

	a.  He entered active duty on 15 February 1960.  For an unknown reason his first award of the Army Good Conduct Medal covered a period of service 4 May 1960 through 3 May 1963.  The GO that awarded him this medal should be 

corrected to show the period of service as 15 February 1960 through 14 February 1963.

	b.  Based on the correction of the above GO, the GO that awarded him the second award of the Army Good Conduct Medal which currently shows the period of service as 3 May 1963 through 2 May 1966 should also be corrected to show the period of service as 15 February 1963 through 14 February 1966.

	c.  Based on his "excellent' conduct and efficiency ratings, he is entitled to a third award of the Army Good Conduct Medal covering the period 15 February 1966 through 14 February 1969.  

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* amending GO Number 4 issued by Headquarters, 3rd Radio Research Unit, on 3 May 1963, awarding him the Army Good Conduct Medal (1st Award) for service from 4 May 1960 through 3 May 1963 to show the period of service as 15 February 1960 through 14 February 1963
* amending GO Number 17 issued by Headquarters, 95th Military Police Battalion, on 29 July 1966, awarding him the Army Good Conduct Medal (2nd Award) for service from 3 May 1963 through 2 May 1966 to show the period of service as 15 February 1963 through 14 February 1966
* awarding him the Army Good Conduct Medal (3rd Award) for exemplary service during the period 15 February 1966 through 14 February 1969
* deleting award of the Army Good Conduct Medal (2nd Award) from his DD Form 214 for the period ending 20 March 1969
* adding the following awards to his DD Form 214 for the period ending 20 March 1969 –

* Army Good Conduct Medal (3rd Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120010220



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ABCMR Record of Proceedings (cont)                                         AR20120010220



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