BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130012564 


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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 does not show these awards for his service in Vietnam.  He served his country with honor and feels that these awards need to be reflected on his DD Form 214.  He was unaware that these awards were not on his DD Form 214.  The awards shown on his DD Form 214 are shown as abbreviated letters which has no meaning to him.

3.  The applicant provides a copy of Department of the Army General Orders (DAGO) Number 8.

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 20 September 1966 and he held military occupational specialty 63C (track vehicle mechanic).  He served in Vietnam from 23 September 1967 through 12 September 1968, during four campaigns.  He was assigned to Battery A, 3rd Battalion, 18th Artillery.

3.  He was honorably released from active duty in pay grade E-4 on 12 September 1968.  He completed 1 year, 11 months, and 23 days of net active service with no time lost.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one overseas service bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and stated award of Army Good Conduct Medal was pending

5.  He provided a copy of DAGO Number 8, dated 19 March 1974, citing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to members of Headquarters, U.S. Army Military Assistance Command and its subordinate units for service in Vietnam from 8 February 1962 through 28 March 1973.

6.  A review of his records and the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for any other awards pertaining to the applicant.

7.  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 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.
8.  Army Regulation 600-8-22 (Military Awards states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

9.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Battery A, 18th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 23 October 1965 through 23 June 1970, DAGO Number 54, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant received "excellent" conduct and efficiency rating during his period of active duty, served in Vietnam, attained the rank of pay grade E-4, and was determined eligible for award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 20 September 1966 through 12 September 1968 and its addition to his DD Form 214.

2.  DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to this award and its addition to his DD Form 214.

3.  He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

5.  Based on his period of service in Vietnam from September 1967 to September 1968, he is entitled to one additional overseas service bar.  Therefore, it would be appropriate to correct his DD Form 214 to show one additional overseas service bar.




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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for his period of service from 20 September 1966 through 12 September 1968
* deleting from his DD Form 214 the Vietnam Service Medal and overseas service bar
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Two overseas service bars
* 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)                                         AR20130012564





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ABCMR Record of Proceedings (cont)                                         AR20130012564



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