BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008029 


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 the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he served a qualifying period for the requested awards. 

3.  The applicant 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 14 October 1969 and he held military occupational specialty 45M (Aircraft Armament Subsystem Mechanic).  

3.  Special Orders (SO) Number 342, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 8 December 1969 awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He served in Vietnam from 4 May 1970 to 20 May 1971.  He was assigned to the 192nd Aviation Company, 1st Aviation Brigade. 

5.  Headquarters, 1st Aviation Brigade, published the following General Orders (GO) awarding him multiple awards as follows:

* GO Number 682, the Army Commendation Medal for meritorious achievement from August to December 1970
* GO Number 2842, the Air Medal, for meritorious achievement from 30 July 1970 to 24 January 1971
* GO Number 3814, the Army Commendation Medal, for meritorious service from May 1970 to May 1971

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 21 May 1971.  He completed 1 year, 7 months, and 8 days of creditable active service with no lost time.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Army Commendation Medal
* Air Medal
* Two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However: 

* There is no derogatory information in his file that would have disqualified him from receiving his 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 throughout his service

8.  Army Regulation 672-5-1 (Decorations and 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 192nd  Engineer Battalion this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 October 1965 to 11 January 1971 based on DAGO Number 6, dated 1974.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two awards of the Army Commendation Medal, one of which is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

2.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award.

3.  He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 14 October 1969 through 21 May 1971.  He attained the rank/grade of SP5/E-5 and received multiple awards, including two awards of the Army Commendation Medal.  He also received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  In addition to his already-awarded marksmanship qualification badges, he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show it. 

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 14 October 1969 through 21 May 1971
* deleting the Vietnam Service Medal and Army Commendation Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar



      _______ _ 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)                                         AR20120008029





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ABCMR Record of Proceedings (cont)                                         AR20120008029



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