IN THE CASE OF:  	  

		BOARD DATE:  2 June 2015	  

		DOCKET NUMBER:  AR20140017909 


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: 

* four bronze service stars with the Vietnam Service Medal
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Meritorious Unit Commendation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

2.  The applicant states:

* he participated in four campaigns during his Vietnam service from 13 July 1969 to 16 September 1970
* he was assigned to the 3rd Battalion, 16th Artillery Regiment, a II Field Force unit in Vietnam 

3.  The applicant provides:

* Extract of Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
* letter from the National Personnel Records Center
* DD Form 214
* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* Special Orders (SO) Number 31 (induction)
* SO Number 36 (reassignment)
* SO Number 62 (marksmanship badge)
* SO Number 99 (reassignment)
* SO Number 125 (marksmanship badge)
* SO Number 204 (promotion to E-3)
* SO Number 61 (promotion to E-4)
* General Orders (GO) Number 6520 (Army Commendation Medal)
* SO Number 16 (promotion to E-3)
* GO Number 10189 (Bronze Star Medal)
* SO Number 211 (permanent change of station)
* SO Number 259 (separation)

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 13 February 1969.  He was trained in and held military occupational specialty 13A (Field Artillery Basic). 

3.  He served in Vietnam from 13 July 1969 to 16 September 1970.  He was assigned to the C Battery, 3rd Battalion, 16th Artillery Regiment, Americal Division, from 28 July 1969 to 26 December 1969 and then he was assigned to B Battery, 3rd Battalion, 16th Artillery Regiment from 27 December 1969 to 12 September 1970.  

4.  GO Number 6520, issued by Headquarters, Americal Division, on 23 June 1970, awarded him the Army Commendation Medal for meritorious achievement. 

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 16 September 1970 as an overseas returnee.  His DD Form 214 shows he completed 1 year, 7 months, and 4 days of active service.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* two overseas service bars
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214. 

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  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 from 13 July 1969 to 16 September 1970, participation credit was awarded for the below campaigns.  

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

8.  DA Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 3rd Battalion, 16th Artillery, from 28 July 1969 to 12 September 1970, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970 by DAGO Number 42, dated 1972.  This regulation further states that although wear of multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation is not authorized, official military personnel and historical records will indicate all awards received. 

9.  DA Pamphlet 672-3 does not show the 3rd Battalion, 16th Artillery, was cited for award of the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the applicant's assignment to this unit.  

10.  A review of the applicant's service record reveals he accepted nonjudicial punishment (NJP) on 20 September 1969 for disobeying a lawful order.  Aside from this NJP, there is no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant served honorably during the period 13 February 1969 through 16 September 1970.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SP4/E-4, and was awarded multiple awards.  Aside from one instance of NJP for what appears to be a minor infraction, his records do not contain any derogatory information that would have disqualified him from receiving his 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 based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

5.  DA Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 3rd Battalion, 16th Artillery from 28 July 1969 to 12 September 1970, this unit was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, it does not show the 3rd Battalion, 16th Artillery, was cited for award of the Meritorious Unit Commendation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the applicant's assignment to this unit.  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:  

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 February 1969 through 16 September 1970
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

2.  The Board further determined that 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 the:

* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140017909



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ABCMR Record of Proceedings (cont)                                         AR20140017909



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