IN THE CASE OF:	   

		BOARD DATE:	  1 August 2013

		DOCKET NUMBER:  AR20120021940 


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:

	a.  he completed his General Educational Development (GED); 

	b.  award of the Army Commendation Medal (ARCOM) and a certificate of appreciation; 

	c.  he completed Airborne training; and

   d.  he possessed an equipment operator's license for the 1/4, 3/4, and 2 1/2 ton trucks.

2.  The applicant states:

* his DD Form 214 is very incomplete
* he completed his GED at Fort Ord, CA in December 1968
* he received the ARCOM in April 1970 and a certificate of appreciation in June 1970
* he completed Airborne training at Fort Benning, GA
* he received his military driver license for the 1/4, 3/4, and 2 1/2 ton trucks in July 1969  



3.  The applicant provides:

* documentation pertaining to his GED
* photographs of an award certificate for the ARCOM and certificate of appreciation
* citation, award certificate, and orders for the ARCOM
* certificate of appreciation
* documentation pertaining to Airborne training
* photographs of buildings at jump school
* DA Form 348 (Equipment Operator's Qualification Record)

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 
12 November 1968.  He completed his training in military occupational specialty 13A (field artillery basic crewman).  

3.  Item 18 (Assignment Limitations) of his DA Form 20 (Enlisted Qualification Record) shows he was temporarily disqualified from airborne training on 21 April 1969 for unknown reasons.  Item 27 (Military Education) of this form does not show he completed Airborne training.  

4.  He arrived in Vietnam on 29 May 1969.  He was assigned to Battery C, 
1st Battalion, 14th Artillery in Vietnam from 13 June 1969 to 16 June 1970.  On 
16 June 1970, he was released from active duty in the rank of private first class after completing 1 year, 7 months, and 5 days of creditable active service with no time lost.




5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* two awards of the Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

6.  His DD Form 214 shows in:

* item 25 (Education and Training Completed) the entry "NONE"
* item 30 (Remarks) the entry "CIVILIAN EDUCATION: 10 yrs (years)" 

7.  Item 32 (Civilian Education) of his DA Form 20 shows he completed his high school GED in 1968.

8.  He provides a DA Form 348, dated 23 July 1969, which shows he qualified for an equipment operator's license for the following trucks

* 1/4 ton
* 3/4 ton
* 2 1/2 ton

9.  Orders, dated 11 April 1970, show he received the ARCOM.

10.  There is no evidence to show the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  Records show he participated in four campaigns during his assignment in Vietnam.

12.  His record is void of any evidence showing he was awarded either the Parachutist Badge or special qualification identifier (SQI) code "P" for successful completion of Airborne training. 

13.  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 the 1st Battalion, 14th Artillery was cited for 
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Orders 6, dated 1974.

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will show all awards received.

15.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  There is no provision to show an equipment operator's license on the DD Form 214.  

16.  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 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.

17.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.   

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 32 of the applicant's DA Form 20 which shows he completed his high school GED in 1968 is accepted as sufficient evidence on which to base amending item 30 of his DD Form 214 to show he completed 12 years of civilian education.

2.  Orders show he received the ARCOM.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Since certificates of appreciation are not listed on the DD Form 214, there is no basis for granting the applicant's request to show a certificate of appreciation on his DD Form 214.

4.  Although he contends he completed airborne training, evidence shows he was temporarily disqualified from airborne training on 21 April 1969 for unknown reasons.  Additionally, his record is void of any evidence showing he was awarded the Parachutist Badge or SQI "P" for successful completion of Airborne training.  Therefore, there is insufficient evidence on which to base adding this training to his DD Form 214.

5.  Since there is no provision to show an equipment operator's license on the DD Form 214, there is no basis for granting the applicant's request to show this license on his DD Form 214.   

6.  He was honorably released from active duty in the rank of private first class with 19 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 12 November 1968 through 16 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

7.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

8.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards his DD Form 214 should be corrected to show both unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 first award of the Army Good Conduct Medal for the period 12 November 1968 through 16 June 1970;

	b.  deleting the entry "CIVILIAN EDUCATION: 10 yrs" from item 30 of his 
DD Form 214 and replacing it with the entry "CIVILIAN EDUCATION:  12 Yrs;" and

	c.  adding the ARCOM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his 
DD Form 214.
 
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show:

* a certificate of appreciation
* Airborne training
* an equipment operator's license  




      _______ _   __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)                                         AR20120021940





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ABCMR Record of Proceedings (cont)                                         AR20120021940



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