IN THE CASE OF:	  

		BOARD DATE:  15 January 2013

		DOCKET NUMBER:  AR20120011549 


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 show award of the Joint Service Commendation Medal (JSCM) and Vietnam unit awards, including the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

2.  He states these awards are not listed on his DD Form 214.

3.  He provides General Orders Number 4912, dated 20 November 1971, and his 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 enlisted in the Regular Army on 24 April 1969.  He served in the RVN from 21 September 1970 to 29 October 1971.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 33 (Appointments and Reductions) he was advanced to specialist four (SP4)/E-4 on 20 April 1970
* item 38 (Record of Assignments) he was assigned to Headquarters, Military Assistance Command Vietnam (MACV) from 1 October 1970 to 28 October 1971
* item 38 he received all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) award of the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders Number 111, dated 7 June 1969

4.  He provided a copy of Headquarters, MACV, General Orders Number 4912, dated 20 November 1971, which awarded him the JSCM for meritorious service from October 1970 to October 1971.

5.  On 30 October 1971, he was honorably released from active duty as an overseas returnee.  He completed 2 years, 6 months, and 7 days of total active service with no time lost.  His service record does not indicate he was disqualified by his commander for the Army Good Conduct Medal (1st Award).  

6.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. MACV and its subordinate units during the period 8 February 1962 to 28 March 1973.

8.  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 does not show U.S. MACV was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.
9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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 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.  General orders show the applicant was awarded the JSCM; therefore, this award should be added to his DD Form 214.

2.  The applicant's unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to show this unit award.

3.  Review of the Department of the Army Pamphlet 672-3 failed to show that his unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, there is no basis for adding this unit award to his DD Form 214.

4.  The evidence of record does not show the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 24 April 1969 through 30 October 1971.  He was advanced to SP4/E-4 and he received "excellent" conduct and efficiency ratings throughout his service.  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.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); however, it is not listed on his DD Form 214.  Therefore, this badge should be added to his DD Form 214.

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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 April 1969 through 30 October 1971; and

	b.  amending his DD Form 214 to add award of the JSCM, RVN Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (1st Award), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

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 award of the RVN 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)                                         AR20120011549





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ABCMR Record of Proceedings (cont)                                         AR20120011549



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