IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140005531 


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 Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

2.  The applicant states he is authorized the awards because he served with the 720th Military Police (MP) Battalion in Vietnam.

3.  The applicant provides a DD Form 214 and an excerpt 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 was inducted into the Army of the United States on 19 June 1968.

3.  Special orders show he earned the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar

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

	a.  he served in Vietnam from 6 December 1968 to 20 January 1970;

	b.  he was assigned to the 720th MP Battalion during his service in Vietnam; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

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

6.  He was honorably released from active duty on 21 January 1970 in the rank/grade of specialist four/E-4 after completing 1 year, 7 months, and 3 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
* Republic of Vietnam Campaign Medal with Device (1960)

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 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 four campaigns.

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 720th MP Battalion, this unit was cited for award of the Meritorious Unit Commendation for the period 9 February 1968 to 1 February 1969 by Department of the Army General Orders DAGO) Number 36 dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 
28 March 1973 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation has been carefully considered.

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 19 June 1968 to 21 January 1970 and to correct his DD Form 214 by adding this award to his DD Form 214.

3.  He was awarded the Vietnam Service Medal; however, he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

4.  DA Pamphlet 672-3 shows his unit in Vietnam was cited in general orders for one award each of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Special orders show he earned Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Pistol Bar.  These marksmanship badges should also be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 (First Award) for the period 19 June 1968 to 21 January 1970; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar



      ___________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)                                         AR20140005531



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ABCMR Record of Proceedings (cont)                                         AR20140005531



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