IN THE CASE OF:	  

		BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130013344 


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 award of the Army Good Conduct Medal and any other awards he may have earned during his service in the Republic of Vietnam.

2.  The applicant states he is entitled to any and all awards he earned during his active duty service.

3.  The applicant provides no additional 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 enlisted in the Regular Army on 27 July 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 71B (Clerk Typist).  He was stationed in the Republic of Vietnam from 20 January through 21 June 1969, serving with Headquarters and Headquarters Battery, I Field Force Vietnam Artillery Group and Headquarters and Headquarters Battery, 41st Artillery Group.

3.  His record contains Special Orders Number 162, issued by Headquarters, 210th Artillery Group, dated 2 October 1968, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as all "excellent."

5.  On 17 July 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal   
* Republic of Vietnam Campaign Medal with Device (1960)

6.  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 Headquarters and Headquarters Battery,       41st Artillery Group, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974, and  

   b.  Meritorious Unit Commendation for the period 1 November 1968 through 15 November 1969 by DAGO 51, dated 1971.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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, participation credit was awarded for the following three campaigns:  

* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show award of this badge.

2.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this citation.

3.  The applicant's unit was awarded a Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The evidence of record confirms he served honorably during the period 27 July 1967 through 17 July 1970.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 27 July 1967 through 17 July 1970 and to correct his DD Form 214 to show this medal.


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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period
27 July 1967 through 17 July 1970;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
 


      _____________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)                                         AR20130013344





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ABCMR Record of Proceedings (cont)                                         AR20130013344



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