IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20130000890 


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 the Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he served in combat while in Vietnam and he was awarded the Bronze Star Medal.  He adds that he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation per a DA Form 1577 (Authorization for Issuance of Awards), dated 22 January 1979.

3.  The applicant provides his DD Form 214 and a DA Form 1577.

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 was inducted into the Army of the United States on 1 December 1969.  He was awarded military occupational specialty 91A (Medical Corpsman) upon completion of initial entry training.

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

* item 31 (Foreign Service), he served in Vietnam from 15 July 1970 to
14 July 1971
* item 38 (Record of Assignments), he served with:

* Headquarters and Headquarters Company, 1st Battalion, 506th Infantry from 28 July through 27 December 1970
* 101st Military Police Company from 28 December 1970 to 10 July 1971

* item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service

4.  General Orders Number 22448, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 31 December 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam during the period February to December 1970.

5.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 14 July 1971, he was honorably released from active duty as an overseas returnee in the rank/grade of specialist four (SP4)/E-4 after completing 1 year,
7 months, and 14 days of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  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.  

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	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 following two campaigns:

* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

9.  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 that during his assignment to the 101st Military Police Company it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971 by Department of the Army General Order Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award

2.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  It appears an administrative error occurred that resulted in the applicant not 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 1 December 1969 through 14 July 1971 and to correct his DD Form 214 to show this award.

3.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.
4.  He served during a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was 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.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
1 December 1969 through 14 July 1971; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20130000890



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ABCMR Record of Proceedings (cont)                                         AR20130000890



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