IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011242 


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, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Presidential Unit Citations (Navy).

2.  The applicant states he served in Vietnam from September 1966 to September 1967.  He was assigned to Battery A, 2nd Battalion, 94th Artillery Regiment, and attached to the 1st and 3rd Marine Divisions when he qualified for the awards.

3.  The applicant provides a copy of a webmail message and his DD Form 214.

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 9 December 1965.

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

	a.  item 31 (Foreign Service):  Vietnam from 24 September 1966 to 9 September 1967;

	b.  item 35 (Record of Assignments):

* Battery A, 2nd Battalion, 94th Artillery Regiment, from 15 October 1966 through 15 February 1967
* Service Battery, 3rd Battalion, 6th Artillery Regiment, from 16 February through 6 September 1967

	c.  item 41 (Awards and Decorations):

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

4.  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service, except when he was assigned to Company B, 1st Battalion, 1st Brigade, U.S. Army Training Center, Infantry, Fort Benning, GA, from 16 December 1965 through 10 February 1966 when he received conduct and efficiency ratings of "good."

	a.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions or adverse information.

	b.  This review also failed to reveal a recommendation from the immediate commander for award of the Army Good Conduct Medal.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 September 1967.  He had completed 1 year, 9 months, and 1 day of 


total active service that included 11 months and 16 days of foreign service.  His DD Form 214 shows he was awarded or authorized the:

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

6.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded or authorized any additional decorations.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal copies of any award orders pertaining to the applicant.

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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 provides the regulatory guidance for 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.

	b.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

10.  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:

* 2nd Battalion, 94th Artillery Regiment, was cited for award of the Presidential Unit Citation (Navy) for the period 27 November 1966 through 15 September 1967 in Department of the Army General Orders (DAGO) Number 32, dated 1973
* Battery A, 2nd Battalion, 94th Artillery Regiment, was cited for award of the Presidential Unit Citation (Navy) for the period 1 October 1966 through 31 March 1967 in DAGO Number 59, dated 1969
* 3rd Battalion, 6th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 17 April 1971 by DAGO Number 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Presidential Unit Citations (Navy).

2.  The applicant received a conduct rating of "good" for his period of basic training.  Therefore, award of the Army Good Conduct Medal is not authorized.

3.  The evidence of record shows:

	a.  the applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in Vietnam.  Thus, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal; and

	b.  general orders awarded the applicant's units the:

* Presidential Unit Citation (Navy) (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.



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.  deleting award of the Vietnam Service Medal from his DD Form 214 and

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

* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation (Navy) (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 Army Good Conduct Medal.



      _______ _  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)                                         AR20130011242



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ABCMR Record of Proceedings (cont)                                         AR20130011242



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