IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150002766
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 his DD Form 214 was never corrected to add these awards.
3. The applicant provides:
* General Orders Number 42, dated 16 June 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation criteria
* General Orders Number 8, dated 19 March 1974
* DD Form 214, dated 27 February 1968
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 9 March 1966. He completed training as a radio relay and carrier operator. He arrived in Vietnam 1 May 1967 and he was assigned to Headquarters and Headquarters Detachment, 43rd Signal Battalion. He was assigned to Company D, 459th Signal Battalion (CA) on 6 June 1967.
3. He participated in the following three campaigns:
* Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967
* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive, which extended from 30 January through 1 April 1968
4. The applicant departed Vietnam en-route to the United States on 25 February 1968. He was honorably released from active duty on 27 February 1968 as an overseas returnee. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were excellent while he was in the Army and there is no record of any court-martial conviction in the available record.
6. 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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 October 1967 to 31 August 1968 by Department of the Army General Order (DAGO) Number 42, dated 1969.
7. DAGO Number 8, dated 1974, announced award of 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 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by general orders.
2. Upon review of his record it would be appropriate to award him the Army Good Conduct Medal (First Award) and he is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
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 awarding him the Army Good Conduct Medal (First Award) for excellent conduct and efficiency for the period 9 March 1966 through 27 February 1968 and amending his DD Form 214 to add the following awards:
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (First Award)
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
__________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) AR20150002766
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ABCMR Record of Proceedings (cont) AR20150002766
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