IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120010265 


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 all of his authorized awards.

2.  The applicant states the Army Good Conduct Medal and Republic of Vietnam Gallantry Cross are not shown on his DD Form 214.

3.  The applicant provides copies of his 1964 and 1967 DD Forms 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 25 June 1963.  He completed training as a truck driver.  He was stationed in Europe where he served in and was awarded military occupational specialty (MOS) 56A as a supply handler.

3.  He reenlisted on 10 October 1964.  His DD Form 214 for the period ending 9 October 1964 shows his awards as the Sharpshooter Marksmanship Qualification Badge with Rifle, Submachine Gun, Pistol, Sub-Caliber Tank Weapons, and Tank Gunnery Bars and the Expert Marksmanship Qualification Badge with 90-millimeter Tank Gun Bar.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) – service in Vietnam from 10 January to 19 July 1966 with the 203rd Quartermaster Detachment and from 20 July 1966 to 15 December 1966 with the 134th Quartermaster Company.  He returned to the United States on 16 December 1966 and served until 9 October 1967.  His conduct and efficiency ratings were exclusively "excellent" throughout his entire period of active duty; and

	b.  item 41 (Awards and Decorations) – Sharpshooter Marksmanship Qualification Badge with Submachine Gun, Pistol Bars, Expert Qualification Badge with 90-millimeter Tank Weapons and M-14 Rifle Bars, Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

5.  On 9 October 1967, the applicant was released from active duty with an honorable characterization of service.  He was transferred to the U.S. Army Reserve as a specialist four/E-4.  His DD Form 214 for this period of service lists his awards as the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Vietnam Campaign Medal with Device (1960).

6.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is awarded for participation in each campaign.  The Vietnam Counteroffensive (25 December 1965-30 June 1966) and Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaigns coincide with the applicant's tour of duty in Vietnam.

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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  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.

8.  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;

	a.  The 134th Quartermaster Company was awarded the Meritorious Unit Commendation for the period June 1965 through July 1966 by Department of the Army General Orders Number 17, 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.  Although not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual, official military records will indicate all awards received.

9.  In August 1973, Army Regulation 635-5 (Separation Documents) was changed to provide that authorized awards for all periods of service would be listed on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Good Conduct Medal and correction of his DD Form 214 to show all of his authorized awards.

2.  The applicant completed his active duty service and was honorably released from active duty in pay grade E-4.  He had exclusively "excellent" conduct and efficiency ratings throughout his period of active duty.  Notwithstanding the absence of a recommendation, he should be awarded the Army Good Conduct Medal for his first 3-year period of honorable service from 25 June 1963 through 24 June 1966.

3.  He served in Vietnam during two designated campaign periods and is authorized two bronze service stars for wear on his Vietnam Service Medal.

4.  The 134th Quartermaster Company was awarded the Meritorious Unit Commendation while the applicant was assigned.

5.  Both of the applicant's Vietnam units were awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8.

6.  The above awards should be added to the applicant's final DD Form 214.

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: 

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 June 1963 through 24 June 1966 and

	b.  showing on his DD Form 214 for the period ending 9 October 1967 that, in addition to the awards already listed, he is authorized the Army Good Conduct Medal (1st Award); Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award); Sharpshooter Marksmanship Qualification Badge with Rifle, Submachine Gun, Pistol, Sub-Caliber Tank Weapons, and Tank Gunnery Bars; Expert Marksmanship 


Qualification Badge with 90-millimeter Tank Gun Bar; and two bronze service stars for wear on his already-awarded Vietnam Service Medal.



      ___________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)                                         AR20120010265



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ABCMR Record of Proceedings (cont)                                         AR20120010265



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