IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120021148 


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 Army Good Conduct Medal, the Meritorious Unit Commendation, and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.  In addition, he requests any other awards he is eligible for based on his service in the RVN.

2.  The applicant states his DD Form 214 is currently not complete and accurate. It does not list all the decorations, medals, badges, citations and campaign ribbons that were awarded and/or authorized.

3.  The applicant provides pages from Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) and an RVN Certificate of Service. 

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.  With respect to the applicant's request for award the Meritorious Unit Commendation, a review of his military service records confirm he is authorized the Meritorious Unit Commendation.  A DD Form 215 (Correction to DD Form 214), dated 14 December 2012, shows the Meritorious Unit Commendation has been added to his DD Form 214.  The applicant will be provided a copy of the DD Form 215 for his records.  This issue will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 29 July 1966.  He completed training and was awarded military occupational specialty 56A (Supply Handler).

4.  The applicant arrived in the RVN and was assigned to the 870th Transportation Company on 29 June 1967.

5.  On 27 February 1969, the applicant departed the RVN.  On 2 March 1969, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 2 years, 7 months, and 4 days of creditable active service with no lost time.

6.  The applicant's DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  A DD Form 215, dated 14 December 2012, was issued to the applicant that corrected his DD Form 214 by deleting the Vietnam Service Medal adding the Vietnam Service Medal with three bronze service stars and the Meritorious Unit Commendation.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.


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 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.

10.  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. 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.  The applicant was released from active duty in the rank of SGT with 2 years, 7 months, and 4 days of creditable active service with no lost time.  His records contain no derogatory information.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 July 1966 through 2 March 1969 based on completion of a period of qualifying service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and it should be added to his DD Form 214.

2.  All units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this unit award.

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:
	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
29 July 1966 through 2 March 1969 and

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

* Army Good Conduct Medal (1st Award)
* 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)                                         AR20120021148





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ABCMR Record of Proceedings (cont)                                         AR20120021148



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