IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110008177 


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 Commendation Medal
* Completion of the ADP (Automated Data Processing) Repairman Course at Fort Monmouth, New Jersey, instead of Fort Gordon, Georgia

2.  The applicant states the Army Commendation Medal is not listed on his DD Form 214.  Additionally, he completed the ADP Repairman Course at Fort Monmouth, New Jersey. 

3.  The applicant provides DD Form 214 and certificate awarding him the Army Commendation Medal.

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 3 January 1967.  He completed basic combat training at Fort Dix, New Jersey and advanced individual training at Fort Monmouth, New Jersey.  He was awarded military occupational specialty (MOS) 34D (ADP Repairman).  He later attended the Assistant Systems Analyst  Course at Fort Benjamin Harrison, Indiana, and he was awarded MOS 74G.  

3.  He served in Vietnam 27 June 1968 to 25 May 1969.  He was assigned to the:

* 520th Personnel Service Company from on or about 4 July 1968 to on or about 17 February 1969
* The U.S. Army Central Finance and Accounting Office, from on or about 17 February 1969 to on or about 25 May 1969

4.  Headquarters, U.S. Army Vietnam, General Orders Number 2066, dated 11 June 1969, awarded him the Army Commendation Medal for meritorious service from June 1968 to May 1969.

5.  He was honorably released from active duty in the rank/grade of specialist six (SP6)/E-6 on 14 December 1969.  He completed 2 years, 11 months, and 12 days of creditable active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 25 (Education Training Completed) listed completion of the ADP Repairman Course; however, it listed the location as Fort Gordon, Georgia.

8.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.



9.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service (except on 14 July 1966 while awaiting travel to his Vietnam unit, he received an "unknown" rating).

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

11.  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 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase IV; 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V; 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI;  2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive; 23 February - 8 June 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably during the period 3 January 1967 through 14 December 1969.  He served in Vietnam, attained the rank/grade of SP6/E-6, and he received "excellent" conduct and efficiency ratings throughout his military service. His file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his DD Form 214 to show this award.

5.  He completed the ADP Repairman training course at Fort Monmouth, NJ.  His DD Form 214 inadvertently listed this training at Fort Gordon, GA.  Therefore, he is entitled to correction of his DD Form 214 to show the correct location of this training.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 January 1967 through 14 December 1969
* adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

* deleting from item 25 the entry "Fort Gordon, Georgia" and adding the entry "Fort Monmouth, New Jersey"



      _______ _   __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)                                         AR20110008177



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ABCMR Record of Proceedings (cont)                                         AR20110008177



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