IN THE CASE OF:	  

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130008429 


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 Bronze Star Medal and the Army Good Conduct Medal.  

2.  The applicant states he was awarded the contested awards but he does not have the record because they were burned up in a house fire. 

3.  The applicant does not provide any evidence. 

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 enlisted in the Regular Army (RA) on 
30 January 1969 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  

3.  Headquarters, U.S. Army Training Center, Fort Bliss, TX, published the following special orders (SO):

* SO Number 66, on 25 March 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 69, on 28 March 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He served in Vietnam from on or about 9 September 1969 to on or about 21 April 1971.  He was assigned to Headquarters and Headquarters Company, 15th Transportation Corps Battalion.  

5.  Headquarters, 1st Cavalry Division (Airmobile) published the following general orders (GO):

* GO Number 6431, on 22 April 1970, awarding him the Air Medal for meritorious achievement from September 1969 to April 1970
* GO Number 10887, on 10 July 1970, awarding him the Army Commendation Medal for meritorious achievement from 4 to 22 May 1970
* GO Number 14795, on 12 August 1970, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from September 1969 to September 1970
* GO Number 206, on 5 January 1971, awarding him the Bronze Star Medal for meritorious achievement from 15 January to 10 December 1970 
* GO Number 1813, on 27 January 1971, awarding him the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious achievement from April 1970 to April 1971
* GO Number 7047, on 30 March 1971, awarding him the Army Commendation Medal (3rd Oak Leaf Cluster) for meritorious achievement from 22 February to 22 April 1971

6.  He was honorably discharged on 17 March 1971 for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Air Medal
* three overseas service bars
7.  He reenlisted in the RA on 18 March 1971.  He was assigned to the U.S. Army Transportation Center, Fort Eustis, VA.

8.  GO Number 46, issued by Headquarters, U.S. Army Transportation Center, Fort Eustis, VA, on 4 February 1972, awarded him the Army Good Conduct Medal for service during the period 30 January 1969 through 29 January 1972. 

9.  He again served in Vietnam from on or about 15 March 1972 to on or about 16 February 1973.  He was assigned to the 59th Corps Aviation Company.  

10.  He was honorably discharged from active duty on 5 February 1974 by reason of hardship.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Campaign Medal

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 15th Transportation Battalion, from on or about 9 September 1969 to on or about 21 April 1971, this unit was cited for award of the:

* Valorous Unit Award, for valor from 1 May 1970 to 29 June 1970, based on DAGO Number 43, dated 1972
* Meritorious Unit Commendation, for service from 1 June 1968 to 30 November 1969, based on DAGO Number 2, dated 1971
* Meritorious Unit Commendation, for service from 1 January 1970 to 31 January 1971, based on DAGO Number 28, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 28 February 1970, based on DAGO Number 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971, based on DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969 to 1 February 1970 based on DAGO Number 42, dated 1972

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

The applicant completed two periods of service and he was issued a separate DD Form 214 for each period.  He also completed two periods of service in Vietnam.  Neither DD Form 214 accurately listed his awarded or authorized decorations, medals, badges, or unit awards.  As a matter of clarity, his second DD Form 214, ending on 5 February 1974, should be corrected to show all his awards and decorations as follows: 

	a.  GO awarded him four awards of the Army Commendation Medal, one award of the Air Medal, one award of the Bronze Star Medal, and the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show these awards. 

	b.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these awards. 

	c.  GO awarded his unit in Vietnam the Valorous Unit Award, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

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 adding to his DD Form 214, ending on 5 February 1974:

* Army Commendation Medal (4th Award)
* Air Medal
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130008429





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ABCMR Record of Proceedings (cont)                                         AR20130008429



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