IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140016655 


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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 24 November 1969.

2.  The applicant states during the awarding of this medal to the 9th Infantry Division he had departed due to his father passing away.

3.  The applicant provides

* Headquarters, U.S. Army Support Command, Saigon Special Orders Number 292, dated 19 October 1969
* three DA Forms 2139-1 (Military Pay Voucher)
* 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.  On 13 February 1967, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

3.  Headquarters, U.S. Army Training Center Infantry, Fort Benning, GA Special Orders Number 76, dated 31 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam from 27 March 1968 - 19 October 1969 and he participated in six campaigns.  He was assigned to the:

* 704th Maintenance Battalion from 8 April 1968 - 7 March 1968
* 51st Maintenance Company from 8 March 1968 - 4 June 1969
* 238th Maintenance Company from 5 June - 9 September 1969
* 51st Maintenance Company from 10 September - 19 October 1969

5.  On 24 November 1969, he was released from active duty.  He completed 
2 years, 9 months, and 12 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

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

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified expert with the M-16 rifle on 17 February 1968.

7.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  The available evidence does not show any indiscipline or lost time.  His records do not contain any adverse information.  His records show he received "excellent" conduct and efficiency ratings throughout his period of service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  The 704th Maintenance Battalion was awarded the Meritorious Unit Commendation (Army) for the period 1 November 1967 - 30 November 1968.

	b.  The 238th Maintenance Company was awarded the Meritorious Unit Commendation (Army) for the period 25 October 1968 - 30 June 1969.

	c.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It 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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 
13 February 1967 to 24 November 1969.

2.  Based on his service with the 704th Maintenance Battalion, he is authorized the Meritorious Unit Commendation (Army).

3.  Based on his service with the 238th Maintenance Company, he is authorized the Meritorious Unit Commendation (Army).

4.  His service in the Republic of Vietnam authorizes him the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Item 29 of his DA Form 20 shows he qualified expert with the M-16 rifle.  Therefore, the Expert Marksmanship Qualification Badge with Rifle Bar should be added to his DD Form 214.

6.  He participated in six campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and one bronze service star to be worn on his Vietnam Service Medal.  

7.  In view of the above, he should be awarded the Army Good Conduct Medal (1st Award) and all of the above awards should be added to his DD Form 214.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period of service from 13 February 1967 to 24 November 1969; and

	b.  amending his DD Form 214 with an effective date of 24 November 1969 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (Army) (2 awards)
* Vietnam Service Medal with 1 silver service star and 1 bronze service 	star
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle 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)                                         AR20140016655





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ABCMR Record of Proceedings (cont)                                         AR20140016655



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