IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130006663 


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, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Presidential Unit Citation for his participation in the central highland campaigns in Vietnam.

2.  He states he was awarded these medals, but his DD Form 214 doesn't reflect them.

3.  He provides no additional evidence.

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 23 August 1965.

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

	a.  item 31 (Foreign Service), he was credited with service in Vietnam from 31 August 1966 through 27 August 1967;

	b.  item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/E-5 on 18 April 1967;

	c.  item 38 (Record of Assignments), he was assigned to Company B, 15th Transportation Battalion, 1st Cavalry Division, from September 1966 to August 1967;

	d.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service; and

	e.  item 41 (Awards and Decorations), no entries for award of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, or Presidential Unit Citation.

4.  He was released from active duty on 22 August 1968 in the rank/pay grade of SGT/E-5.  He completed 3 years of total active service with no lost time.  His service records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  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 applicant's unit was cited for the following awards during his period of assignment:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969; and

	b.  Meritorious Unit Commendation for the period 1 June 1967 to 31 May 1968 in DAGO Number 28, dated 1969.

7.  Department of the Army Pamphlet 672-3 also shows the 15th Transportation Battalion was cited for award of the Presidential Unit Citation for the period 23 October to 26 November 1965 in DAGO Number 40, dated 1967.  The applicant was not assigned to this unit during this period.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for award of 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, participation credit was awarded for the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records are void of orders that show he was awarded the Army Good Conduct Medal for the period 23 August 1965 through 22 August 1968.  There is no evidence available that indicates he received 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, he should be awarded the Army Good Conduct Medal (1st Award) for the period 23 August 1965 through 22 August 1968 and his DD Form 214 should be corrected to show this award.

2.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant was assigned to the 15th Transportation Battalion when it was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Department of the Army Pamphlet 672-3 shows the 15th Transportation Battalion was cited for award of the Presidential Unit Citation during the period 23 October to 26 November 1965.  However, the applicant was not assigned to this unit during this period.  Therefore, there is no basis for amending his DD Form 214 to reflect this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 23 August 1965 through 22 August 1968;

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

	c.  adding award of the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 award of 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)                                         AR20130006663



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ABCMR Record of Proceedings (cont)                                         AR20130006663



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