IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004784 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) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states all units in Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation by authority of Department of the Army General Orders (DAGO) Number 8, dated 1974. 3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center. 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's records show he enlisted in the Regular Army on 14 July 1969 and he held military occupational specialty 97D (Military Intelligence (MI) Coordinator). He served in Vietnam from 27 February 1970 to 6 January 1971. He was assigned to the 575th MI Detachment. 3. He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 17 January 1972. His DD Form 214 shows he completed 2 years, 6 months, and 4 days of creditable active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * 2 overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. 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. 5. DAGO Number 52, dated 1974, awarded the 575th MI Detachment the Meritorious Unit Commendation for service from 1 January to 31 December 1970. 6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. * 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 7. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings. 7. 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 and for 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. 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. DISCUSSION AND CONCLUSIONS: 1. GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Neither unit award is listed on his DD Form 214. 2. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars. 3. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 14 July 1969 through 17 January 1972, serving in Vietnam, attaining the rank/grade of SP5/E-5, and receiving "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. 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: * deleting from his DD form 214 the Vietnam Service Medal * awarding him the Army Good Conduct Medal (1st Award) for the period 14 July 1969 through 17 January 1972 * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm 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) AR20150004784 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004784 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1