IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028624 


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 8 (Place of Birth (City and State or County)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his place of birth as "Brevard" instead of "Brebard."  He also requests award of the Army Good Conduct Medal.  

2.  He states he had sufficient time for award of the Army Good Conduct Medal because his normal discharge date was on a weekend, but he got out on a Friday, one day early.

3.  He provides his DD Form 214.  

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 enlisted in the Regular Army on 19 November 1964.  

3.  His service record includes the following documents which show the spelling of his place of birth as "Brevard":

* DD Form 398 (Statement of Personal History)
* Standard Form 88 (Report of Medical Examination)
* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* DD Form 373 (Consent, Declaration of Parental or Legal Guardian)
* DA Form 41 (Record of Emergency Data)

4.  His service record shows he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on 7 August 1965 that reduced him to private/E-2.  

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 20 (Birthplace and Citizenship) – his birthplace as "Brevard, NC"
* Item 33 (Appointments and Reductions) – he was promoted to sergeant (SGT)/E-5 on 1 May 1967
* Item 38 (Record of Assignments) – he was assigned to:

* Battery C, 6th Battalion, 27th Artillery from 30 July to 27 October 1966 
* Battery B, 6th Battalion, 27th Artillery from 28 October 1966 to 24 July 1967

* Item 38 – he received "excellent" conduct and efficiency ratings throughout his period of service
* Item 41 (Awards and Decorations) – no entry for the Army Good Conduct Medal

6.  He was honorably released from active duty on 17 November 1967 in the rank of SGT.  He completed 2 years, 11 months, and 29 days of active military service with no time lost.

7.  Item 8 of his DD Form 214 shows the entry "Brebard, North Carolina."

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal.  



9.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 6th Battalion, 27th Artillery, this unit was cited for award of the:  

* Meritorious Unit Commendation for the period January to October 1966 by Department of the Army General Order Number 17, dated 1968
* Meritorious Unit Commendation for the period 2 October 1966 to 10 September 1967 by Department of the Army General Order Number 73, dated 1968

	b.  Department of the Army General Orders 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.  

   c.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided 
policy and criteria concerning individual military decorations.  It stated that 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.  There must have been no convictions by a court-martial.

	d.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized to be worn for each campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  

	e.  The Wikipedia website indicates Brevard is a town in Transylvania County, North Carolina.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant’s place of birth as Brevard, NC. However, his DD Form 214 incorrectly reflects the spelling of his place of birth as "Brebard."  Therefore, it would be appropriate to amend item 8 of his DD Form 214 to show the entry "Brevard, North Carolina."

2.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 19 November 1964 through 17 November 1967.  Although he received one Article 15 during this period, he was promoted to SGT, received "excellent" conduct and efficiency ratings throughout his period of service, and had no record of a commander's disqualification for the Army Good Conduct Medal (1st Award).  Therefore, he should be awarded the medal and his DD Form 214 should be corrected to show this award.

3.  He was assigned to the 6th Battalion, 27th Artillery during a period it was cited twice for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.  

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this award.  

5.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on 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:

	a.  deleting the entry "Brebard, North Carolina" from item 8 of his DD Form 214;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 November 1964 through 17 November 1967;

	d.  adding the entry "Brevard, North Carolina" to item 8 of his DD Form 214; and 

	e.  adding the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars to item 24 of his DD Form 214. 



      _____________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)                                         AR20100028624



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ABCMR Record of Proceedings (cont)                                         AR20100028624



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