IN THE CASE OF: BOARD DATE: 18 August 2011 DOCKET NUMBER: AR20110001858 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 item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * two or three bronze service stars to be affixed to his Vietnam Service Medal 2. He also requests all awards and decorations to which he may be entitled for his service in Vietnam. 3. The applicant states these awards were left off of his DD Form 214 when he left Vietnam and the Army. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Purple Heart and Bronze Star Medal 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. He was inducted into the Army of the United States on 29 May 1968. He arrived in Vietnam on 21 November 1968. He served as a light weapons infantryman assigned to Company B, 3rd Battalion, 21st Infantry, in Vietnam from 7 December 1968 to 30 December 1969. On 31 December 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 7 months, and 3 days of creditable active service with no lost time. 3. Item 24 of his DD Form 214 shows the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Purple Heart * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Bronze Star Medal * two overseas service bars 4. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. His records show he received conduct and efficiency ratings of "excellent" throughout his service. 5. Records show he participated in four campaigns during his assignment in Vietnam. 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 3rd Battalion, 21st Infantry, was cited for the following awards at the time of his assignment: * Valorous Unit Award for actions during the period 13 May to 17 June 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April to 28 August 1969 by DAGO Number 6, dated 1974 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 by DAGO Number 42, dated 1972 7. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. 8. Department of the Army Pamphlet 672-3 shows the applicant's unit was not cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. 9. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 10. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Civil Actions First Class Unit Citation is awarded by the Vietnamese government for meritorious service. 11. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. He was released from active duty in the temporary rank of sergeant with almost 2 years of creditable active service with no lost time. His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 May 1968 through 31 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award. 2. He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars. His DD Form 214 should be corrected to show this award. 3. His unit was cited for award of the Valorous Unit Award while he was assigned to it. His DD Form 214 should be corrected to show this unit award. 4. His unit was also cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards. 5. His unit was not cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this unit award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X_____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 May 1968 through 31 December 1969 and b. adding the Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214. 2. The Board further determined 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 award of the 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) AR20110001858 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001858 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1