IN THE CASE OF: BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100027052 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 award of the Army Good Conduct Medal, service stars for his already-awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and all unit awards. 2. The applicant states the awards were omitted when leaving the U.S. Army upon returning from Vietnam. 3. The applicant provides a copy of his DD Form 214WS (Armed Forces of the United States Worksheet for Report of Transfer or Discharge); a letter from the National Personnel Records Center, dated 10 September 2010; and his DA Form 20 (Enlisted Qualification Record). 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 20 January 1966, the applicant was inducted into the Army of the United States for 2 years. He completed initial entry training and was awarded military occupational specialty 13A (Field Artillery Basic). 3. On 6 June 1966, the applicant was assigned to Headquarters and Headquarters Battery, 3rd Battalion, 34th Artillery Regiment, 9th Infantry Division, located at Fort Riley, Kansas. 4. On 1 December 1966, the applicant's unit was relocated to the Republic of Vietnam. He performed duty as a liaison specialist until 12 September 1967 when he was assigned as a field artillery operations and intelligence assistant. 5. General Orders Number 6047, 9th Infantry Division, dated 5 November 1967, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 August 1966 to 5 November 1967. 6. On or about 27 November 1967, the applicant returned to the United States. 7. On 27 November 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 10 months, and 8 days of creditable active duty service. 8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 9. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency ratings were "excellent." The applicant's records do not contain any evidence of disciplinary action. There is no evidence to show his commander took any action to deny him the Army Good Conduct Medal. 10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Appendix B shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaigns, the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 11. 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. This pamphlet shows that during the time of the applicant's assignment, the 3rd Battalion, 34th Artillery Regiment, was cited in Department of the Army General Orders Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 12. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends 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. The applicant contends his DD Form 214 should be corrected to show award of the Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, all unit awards authorized, and appropriate service stars for his already-awarded Vietnam Service Medal. 2. The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving a personal decoration for meritorious service, and achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded this medal. 3. General orders show the applicant was awarded the Army Commendation Medal. Therefore, his records should be corrected to show this personal decoration. 4. Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show these foreign unit awards. 5. Records show the applicant participated in two campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 6. Records show the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). Therefore, his records should be corrected to show this award with the device. 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 20 January 1966 through 27 November 1967; b. deleting all entries from item 24 of his DD Form 214; and c. adding the following entries to item 24 of his DD Form 214: * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _____________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) AR20100027052 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100027052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1