IN THE CASE OF:	   

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006713 


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, in effect, correction of his records to show award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  He states the unit he was assigned to was awarded the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment, but after his departure.

3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a citation
* orders

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's record shows he enlisted in the Regular Army on 27 March 1970.  He served in Vietnam from 23 September 1970 to 18 November 1972.

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

	a.  item 38 (Record of Assignments) he was assigned to U.S. Army Special Security Group, Assistant Chief of Staff for Intelligence, Washington DC, with duty with the Studies and Observation Group, Military Assistance Command Vietnam from 26 September 1970 to 17 November 1972; 

	b.  item 38 (Record of Assignments) he received all "excellent" ratings for conduct and efficiency; and 

	c.  item 41 (Awards and Decorations) does not show the Presidential Unit Citation or Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  He submitted Special Orders Number 138, dated 18 May 1970, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16).

5.  On 19 November 1972, he was honorably released from active duty after serving for 2 years, 7 months, and 23 days.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Joint Service Commendation Medal, Vietnam Service Medal, Meritorious Unit Commendation, four Overseas Service Bars, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) contains 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:
 
* Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation (1 December - 29 March 1972)
* Cease Fire (30 March 1972 - 28 January 1973)
7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam was cited for award of the:

	a.  the Presidential Unit Citation for qualifying service in Vietnam during the period 24 January 1964 through 30 April 1972, by Department of the Army General Orders Number  (DAGO) Number 25, dated 2001.

	b.  DAGO Number 8, dated 1974, awarded 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.

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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably in the Army from 27 March 1970 to                      19 November 1972.  His records show he received "excellent" conduct and efficiency ratings throughout his period of active military service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 
27 March 1970 to 19 November 1972, and correct his DD Form 214 to show this medal.

2.  General orders awarded his unit of assignment during his service in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

3.  Special orders shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 currently only shows the entry "Expert (Rifle)."  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

4.  His record shows he participated in four campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Vietnam Service Medal with four bronze service stars.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
27 March 1970 to 19 November 1972;

	b.  amending his DD Form 214 to delete the Vietnam Service Medal and add the following awards and decorations:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20140006713





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ABCMR Record of Proceedings (cont)                                         AR20140006713



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