BOARD DATE:	7 February 2013

	DOCKET NUMBER:  AR20120013668


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 he was awarded or authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.

2.  The applicant states he was told he may be entitled to the above awards.

3.  The applicant provides his DD Form 214 in support of his request.

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 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 20 June 1966.  He completed initial entry training and he was awarded military occupational specialty (MOS) 76D (Ordnance Supply and Parts Specialist).  His record shows he was later awarded MOSs 76R (Weapons Materiel Supply Specialist), 76S (Vehicle Materiel Supply Specialist), and 76U (Communications Electronics Materiel Supply Specialist).   

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served:

* in the Republic of Thailand from on or about 1 January 1967 to 
11 January 1968 
* in the Republic of Vietnam from on or about 16 July 1968 to 11 June 1969

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his service in the Republic of Vietnam, he was assigned to the Long Lines Battalion – North, 1st Signal Brigade, U.S. Army Strategic Communications Command (USASTRATCOM).  

5.  On 11 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years,
11 months, and 22 days of total active service, including 2 years, 5 months, and 11 days of foreign service in the U.S. Army Pacific (USARPAC) Theater of operations.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), shown on his DD Form 214 as the "VCM"
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

6.  His record is void of any documentation that shows he was assigned to a unit that was awarded the Presidential Unit Citation.

7.  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 shows the Long Lines Battalion – North, 1st Signal Brigade, USASTRATCOM, the unit to which the applicant was assigned was cited for award of the: 

* Meritorious Unit Commendation, for service between 1 October 1968 and 15 June 1969, by Department of the Army General Orders (DAGO) Number 13, dated 1978
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974

8.  A review of the applicant's records indicate he is entitled to additional awards which are not shown on his DD Form 214.

9.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award).

10.  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 and there must have been no convictions by court-martial.

11.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, campaign participation credit was awarded for the following four campaigns: 

* Vietnam Counteroffensive Phase V  (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive 1969  (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969  (9 June 1969 – 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit of assignment in the Republic of Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.  

2.  The evidence of record shows he served honorably on active duty from 
20 June 1966 through 11 June 1969, and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the Army Good Conduct Medal (1st Award).  Therefore, as a matter of equity, 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.

3.  He participated in four campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 4 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

4.  His record does not indicate he was assigned to a unit that was awarded the Presidential Unit Citation; therefore he is not entitled to this portion of the requested relief.

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
20 June 1966 through 11 June 1969;

   b. deleting the "Vietnam Service Medal" entry from his DD Form 214; and 

c. adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Vietnam Service Medal with 4 bronze service stars

2.  The Board further determined 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 correcting his records to show the Presidential 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)                                         AR20080003550



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ABCMR Record of Proceedings (cont)                                         AR20120013668




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