BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130007667 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Joint Service Commendation Medal.

2.  The applicant states he earned the award and it was issued after his separation. 

3.  The applicant provides his DD Form 214 and General Orders (GO) Number 4428, awarding him the Joint Service Commendation Medal.

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 for a 3-year term on 17 January 1966.  He was trained in and held military occupational specialty 96D (Image Interpreter). 

3.  He served in Vietnam from on or about 18 August 1966 to on or about 18 October 1968.  He was assigned to the 45th Military Intelligence Company, 525th Military Intelligence Group. 

4.  On 20 October 1968, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist five (SP5)/E-5.  He completed 2 years, 9 months, and 4 days of total active service with no time lost. The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Campaign Medal with Device 1960

5.  General Orders (GO) Number 4428, issued by Headquarters, U.S. Military Assistance Command - Vietnam, on 19 December 1968, awarded him the Joint Service Commendation Medal for meritorious service from August 1966 to November 1968. 

6.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states during his assignment to the 45th Military Intelligence Company, his unit was awarded the Meritorious Unit Commendation for service from 1 January 1968 to 31 December 1969 based on Department of the Army GO Number 51, dated 1971. 

8.  Department of the Army GO 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.

9.  There is no derogatory information in the applicant's record to disqualify him from receiving his first award of the Army Good Conduct Medal.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "Excellent" conduct and efficiency ratings during his military service. 

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Joint Service Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award. 

2.  He participated in five campaigns while serving in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this silver service star.

3.  His unit in Vietnam was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

4.  The applicant served honorably during the period 17 January 1966 through 20 October 1968.  He served in Vietnam, attained the rank/grade of SP5/E-5, and he received all "excellent" conduct and efficiency ratings throughout his service.  There are no derogatory or disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and to correct DD Form 214 to show this award.


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:

* deleting from his DD Form 214 the Vietnam Service Medal 
* awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 20 October 1968
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star 
* Joint Service Commendation Medal 
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _  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)                                         AR20130007667





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ABCMR Record of Proceedings (cont)                                         AR20130007667



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