IN THE CASE OF:	  

		BOARD DATE:  1 August 2013

		DOCKET NUMBER:  AR20120022842 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Diver Badge
* one bronze service star for wear on his Vietnam Service Medal (VSM)

2.  The applicant states his DD Form 214 does not have a number of awards and decorations he is entitled to.

3.  The applicant provides:

* DD Form 214
* Excerpts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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 31 July 1969 for a period of 
3 years.  He completed training and he was awarded military occupational specialty 00B (Diver).

3.  Special Orders Number 43, issued by Headquarters, 92nd Transportation Battalion, Fort Eustis, VA, dated 10 March 1970, authorized him hazardous duty pay for diving duty effective 5 March 1970.

4.  On 1 July 1970, he arrived in Vietnam.  He served as a diver assigned to the 523rd Engineer Company, 34th Engineer Group from 7 July 1970 through
17 June 1971.  On 18 June 1971, he departed Vietnam en route to his next assignment at Fort Belvoir, VA.

5.  Special Order Number 213, issued by Headquarters, U.S. Army Engineer Center, Fort Belvoir, dated 2 September 1971, authorized him hazardous duty pay for salvage diving duty effective 4 August 1971.

6.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

7.  On 31 January 1972, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 and he transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years, 6 months, and 1 day of total active service with no time lost.  The DD Form 214 he was issued at the time shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)

	b.  item 25 (Education and Training Completed) the entry "Diver Second Class 2nd Class (00B3O) Service School Command, Naval Station, San Diego, CA, 10 weeks, 1970."

8.  There is no evidence of record and the applicant did not prove any evidence that shows he was awarded any diving badges.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  There are five types of diver badges, including the Salvage Diver Badge and the Second-Class Diver Badge.  An individual meeting the qualification requirements will be awarded the appropriate diver badge.

	b.  Paragraph 2-13 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 Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaign.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

11.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 523rd Engineer Company was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 January 1971 through
31 December 1971 by Department of the Army General Orders (DAGO) Number 5, dated 1973.


	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 through 9 February 1970 by DAGO Number 43, dated 1970.

12.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.  However, an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  The entry in item 25 of his DD Form 214 shows he completed the 10-week Second-Class Diver course in 1970.  Special orders also show he was authorized hazardous duty pay for diving duties effective 5 March 1970 and salvage diving duty effective 4 August 1971.  These documents are accepted as sufficient evidence for awarding him the Second Class Diver Badge and the Salvage Diver Badge for the respective effective dates, and adding these badges to his DD Form 214.

4.  He participated in one campaign during his tour of duty in Vietnam that entitles him to one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this bronze service star.


5.  The applicant was separated in the rank/grade of SP5/E-5 with no time lost.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal
(1st Award) for the period 31 July 1969 through 31 January 1972 and to correct his DD Form 214 to show this award.

6.  Evidence shows his unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period
1 July 1968 through 9 February 1970.  However, the applicant was not assigned to his unit in Vietnam until 7 July 1970.  That would have only authorized him to temporarily wear it during his period of assignment to that unit.  Therefore, there is no basis for adding this unit award 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 July 1969 through 31 January 1972;

	c.  awarding him the Second Class Diver Badge, effective 5 March 1970;

	d.  awarding him the Salvage Diver Badge, effective 4 August 1971;


	e.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Second-Class Diver Badge
* Salvage Diver Badge

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 adding to his DD Form 214 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)                                         AR20120022842



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ABCMR Record of Proceedings (cont)                                         AR20120022842



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