BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140006356 


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 he was awarded the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Silver Star.

2.  The applicant states he never received the awards and he would like to have them added to his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Citation
* 2 memoranda
* General Order Number 124/K12CT/CL

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 August 1966.  Evidence further shows he served in the Republic of Vietnam from            2 February 1967 to 27 January 1968 with Battery A, 2nd Battalion, 9th Artillery  Regiment.

3.  The applicant's record contains General Orders Number 493, issued by Headquarters, 4th Infantry Division, dated 29 January 1968, which show he was awarded the Army Commendation Medal. 

4.  The applicant provides and his record contains Republic of Vietnam, Army of the Republic of Vietnam, I Corps, 12th D.T.A, Office of the Adjutant General, General Order Number 124/K12CT/CL which awarded the applicant the Republic of Vietnam Gallantry Cross with Silver Star (as an individual award) for his heroic actions during the period 11 May to 8 June 1967.  Headquarters, United States Army Vietnam, memorandum, dated 18 March 1968, authorized the applicant to accept and wear this individual foreign award.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information 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.

6.  On 24 May 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214  shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar

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.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to Battery A, 2nd Battalion, 9th Artillery Regiment his unit was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 to 31 August 1969, by Department of the Army General Order (DAGO) Number 53, dated 1970.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period January 1966 to 1 August 1967, by DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Evidence shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star which was awarded to him by the Republic of Vietnam.  Therefore, he is entitled to have his records corrected to show this individual foreign award.

3.  The evidence of record confirms he served honorably during the period 1 August 1966 through 24 May 1968.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period                1 August 1966 through 24 May 1968 and to correct his DD Form 214 to show this medal.

4.  The evidence revealed the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

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 the Vietnam Service Medal with one bronze service star from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
1 August 1966 through 24 May 1968; and
   
   c.  adding the following to his DD Form 214:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Silver Star
* Army Good Conduct Medal (1st Award)



* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20140006356





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ABCMR Record of Proceedings (cont)                                         AR20140006356



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