IN THE CASE OF:	

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011541 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and any other medals, ribbons, or badges he is entitled to.

2.  The applicant states, in effect, his DD Form 214 does not show all his awards and decorations. 

3.  The applicant provides his 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 enlisted in the Regular Army on 29 August 1967 and he held military occupational specialty 26M (Airborne Radio Repairman). 

3.  He served in Vietnam from 27 February 1969 to 3 April 1970.  He was assigned to:

* 143rd Signal Detachment with duty with AVEL Far North (Provisional) from 4 March 1969 to 12 December 1969
* 263rd Maintenance Company, from 13 December 1969 to 1 April 1970

4.  General Orders (GO) Number 6357, issued by Headquarters, 1st Aviation Brigade, on 8 December 1969, awarded him the Army Commendation Medal for achievement from 4 August to 29 November 1969.

5.  GO Number 1433, issued by Headquarters, 1st Aviation Brigade, on 10 March 1970, awarded him the Army Commendation Medal for service from March 1969 to March 1970.

6.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 3 April 1970.  He completed 2 years, 7 months, and 5 days of creditable active service with no time lost.  His DD Form 214, as corrected by a DD Form 215, shows he was authorized or awarded the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* two overseas service bars
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

7.  His records do not contain orders awarding him the Army Good Conduct Medal.  However, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating during his military service.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) 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. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  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:

* 143rd Signal Detachment was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 1 December 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971
* 263rd Maintenance Company was cited for award of the Meritorious Unit Commendation for the period 1 February 1970 to 31 July 1971 by DAGO Number 5, dated 1973

11.  Paragraph 6d of the Department of the Army Pamphlet 672-3 states 
DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 29 August 1967 through 3 April 1970. He attained the rank/grade of SP5/E-5, and he received several personal awards.  He also received all "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  It appears that at the time of his release from active duty he was not awarded the Army Good Conduct Medal as a result of an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show it.
2.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  He was awarded two awards of the Army Commendation Medal.  His DD Form 214 only listed one award.  He is entitled to correction of his DD Form 214 to show both awards. 

4.  GO awarded his units in Vietnam two awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm 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 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:

* deleting from his DD Form 214 the Vietnam Service Medal and Army Commendation Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 29 August 1967 through 3 April 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars




* Meritorious Unit Commendation (2nd Award)
* 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)                                         AR20130011541





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ABCMR Record of Proceedings (cont)                                         AR20130011541



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