IN THE CASE OF:  

		BOARD DATE: 19 November 2013

		DOCKET NUMBER:  AR20130005381 


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 reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal.

2.  The applicant states he is providing a letter that he received with the medal.

3.  The applicant provides a 14 April 1969 letter from Headquarters, Fort Hamilton, New York.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100018100 on 13 January 2011.

2.  The 14 April 1969 letter is new evidence and as such warrants consideration by the Board.

3.  The previous Record of Proceedings (ROP) noted:

	a.  The applicant was inducted into the Army of the United States on 27 March 1967.  He completed training and was awarded military occupational specialty 72B (Communications Center Specialist).

	b.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 18 November 1967 through 28 October 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned with the Nha Trang Signal Battalion in Vietnam and performed duties as a receiver operator.  

	c.  He was honorably released from active duty on 31 October 1968 as a specialist four (SP4)/E-4.  He completed 1 year, 7 months, and 4 days of active service with no lost time.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars, 

4.  The applicant provides a 14 April 1969 letter from Headquarters, Fort Hamilton, New York, letter indicating that organization had received an Army Commendation Medal for presentation to him.  The medal was to be mailed to his home.

5.  A review of the applicant's military personnel records reveals that he is authorized additional awards that are not on his DD Form 214.

6.  All the conduct and efficiency ratings on his DA Form 20 were "Excellent."  There is no record of courts-martial.

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 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.

8.  Army Regulation 600-8-22 (Military Awards) provides the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III          1 June 1967 - 29 January 1968
* Tet Counteroffensive -                             30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV         2 April - 30 June 1968
* Vietnam Counteroffensive Phase V          1 July - 1 November 1968

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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 14 April 1969, Headquarters, Fort Hamilton, New York, letter stated an Army Commendation Medal had been received for presentation to the applicant. 

2. The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty as a SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 
27 March 1967 through 31 October 1968.

3.  Records also show the applicant participated in four campaigns during his period of service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit.

5.  His DD Form 214 should be corrected to show these awards.

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 amendment of the ABCMR’s decision in Docket Number AR20100018100.  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 
27 March 1967 through 31 October 1968; and

	b.  adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars to his already-awarded Vietnam Service         Medal 
* 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)                                         AR20120008340



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ABCMR Record of Proceedings (cont)                                         AR20130005381



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