BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20120021813 


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 add the Army Commendation Medal.  He also requests General Orders (GO) Number 696 be corrected to show his social security number (SSN) as "XXX-3X-XXXX" vice "XXX-5X-XXXX."

2.  The applicant states he was discharged and returned home from Vietnam before he received the Army Commendation Medal.  The Army Commendation Medal was mailed to his home and; therefore, was never added to his DD Form 214.  Additionally, clerical error was made on the GO awarding him the Army Commendation Medal.  His SSN was incorrectly listed as "XXX-5X-XXXX" vice "XXX-3X-XXXX."

3.  The applicant provides:

* self-authored statement, dated 18 November 2012
* various email traffic
* transmittal of award, dated 18 August 1968
* GO Number 696, dated 27 July 1968
* 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 was inducted into the Army of the United States on 31 October 1966 and held military occupational specialty 64A (Light Vehicle Driver).  
The highest rank/grade he attained while serving on active duty was specialist four/E-4.  His DD Form 47 (Record of Induction) shows his service number as "USXXXXXX15" and his DD Form 398 (Statement of Personal History) shows his SSN as "XXX-3X-XXXX."

3.  His record contains Special Orders (SO) Number 183, issued by Headquarters, Special Troops, Fort Riley, KS, on 12 December 1966, which awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains SO Number 27 issued by Headquarters, 312th Supply and Services Battalion, Fort Riley, KS, on 16 May 1967, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DA Form 20 (Enlisted Qualification Record shows he was assigned to Vietnam from 10 August 1967 to 7 August 1968 and served with the:

* 363rd Transportation Company from 4 September 1967 to 18 September 1967
* 543rd Transportation Company from 19 September 1967 to 7 August 1968

6.  He was honorably released from active duty on 8 August 1969.  His DD Form 214 shows:

* his service number listed as "USXXXXXX15"
* his SSN listed as "XXX-3X-XXXX"
* he completed 1 year, 9 months, and 8 days of net active service
* he was credited with 11 months and 28 days of foreign service
* he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal

7.  He provided GO Number 696, issued by Headquarters, U.S. Army Support Command, Saigon, on 27 July 1968, which awarded him the Army Commendation Medal for the period August 1967 through July 1968 and listed his:

* service number listed as "USXXXXXX15"
* SSN listed as "XXX-5X-XXXX"

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 31 October 1966 through 8 August 1968.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

11.  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; for 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant provided general orders showing he was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  The evidence of record shows GO Number 696 incorrectly listed his SSN as 
"XXX-5X-XXXX" vice "XXX-3X-XXXX."  Therefore, he is entitled to correction of this GO to show his SSN as listed on his DD Form 214.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add this unit award.

5.  The applicant served honorably during the period 31 October 1966 through 
8 August 1968.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings. It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to add this award.  

6.  The evidence of record shows special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add these badges.

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 the period 
31 October 1966 through 8 August 1968
* adding the following awards to his DD Form 214:

* 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 previously-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

* correcting GO Number 696 to show his SSN as listed on 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)                                         AR20120021813





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120021813



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1