BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130004314 


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 awards and medals to which he may be entitled.

2.  The applicant states all of his awards were not added to his DD Form 214.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* National Personnel Records Center letter
* Headquarters, U.S. Army Medical Command, Vietnam, letter
* Bronze Star Medal (BSM) Order
* Witness Statement
* BSM Certificate
* Air Medal (AM) Order
* DA Form 759 (Individual Flight Record and Flight Certificate-Army) (2 pages – Part I and II)
* 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's records show he was inducted into the Army of the United States on 10 December 1968.  He was trained in and awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 July 1969 through 14 July 1970, while assigned with the 45th Medical Detachment.  It also shows he qualified "marksman" with the M-14 rifle and "expert" with the hand grenade.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that he received "excellent" conduct and efficiency ratings at each of his active duty assignments. His military record contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) includes the following orders as indicated:

   a.  Headquarters, United States Army Transportation School, Special Order Number 111, dated 5 June 1969, which shows he qualified "expert" with the
M-16 Rifle; and
   
   b.  Headquarters, U.S. Army Medical Command, Vietnam, General Orders Number 1046, dated 12 June 1970, announcing his award of the AM with "V" Device.


6.  On 15 July 1970, the applicant was honorably released from active duty, after completing a total of 1 year, 7 months, and 6 days of creditable active duty service.  His DD Form 214 issued at that time shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal 
* Air Medal

7.  The applicant provides the orders issued by Headquarters, United States Army Medical Command, Vietnam, which show he earned the following awards:

   a.  General Orders Number 1201, dated 4 July 1970, which announced his award of the AM with 6th Oak Leaf Cluster (OLC); and
   
   b.  General Order Number 1221, dated 9 July 1970, which announced his award of the BSM.
   
8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

   c.  Paragraph 3-15 contains guidance on the AM.  It states it is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  (During the applicant's service, an OLC was used to denote second and succeeding awards of the AM; however, under the current awards regulation, numerals starting with the number 2 are used for the same.)
   
9.  Army Regulation 672-5-1 (Awards) stated the AGCM 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.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (45th Medical Detachment) was awarded the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show additional awards that were omitted from this document at the time of his release from active duty.  His AMHRR contains and he provides official orders which confirm he was awarded the BSM, AM with "V" Device and Numeral 7. Therefore, his DD Form 214 should be corrected to add these awards.

2.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 10 December 1968 through 15 July 1970.

3.  The evidence of record confirms the applicant earned the Expert Marksmanship Qualification Badge with M-16 and Hand Grenade Bars and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar which are not currently reflected on his DD Form 214.  Accordingly, these two badges should be added to his DD Form 214 at this time.

4.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214.

5.  Records show that the applicant's unit was cited in general orders for award of the MUC.  Therefore, his records should be corrected to show this unit award.

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 first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 10 December 1968 to 15 July 1970;
   
   b.  deleting the AM and VSM from his DD Form 214; 
   
	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Air Medal with "V" Device and Numeral 7
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M16) and Hand Grenade Bars
* Marksman Marksmanship Qualification Badge with Rifle (M14) Bar
      
   
d.  issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _   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)                                         AR20130004314





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004314



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1