IN THE CASE OF:	  

		BOARD DATE:	    20 March 2014

		DOCKET NUMBER:  AR20130013508 


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 add this award and correction of his Army National Guard (ARNG) records to show he was promoted to the rank/grade of specialist five (SP5)/E-5 while serving in the ARNG.

2.  The applicant states he did not receive the Army Good Conduct Medal and he never received any documentation for his promotion to SP5 while serving in the ARNG.

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 was inducted into the Army of the United States on 8 June 1970.  He held military occupational specialty 67N (UH-1 Helicopter Repairman) and attained the rank/grade of specialist four (SP4)/E-4.

3.  Special Orders (SO) Number 209, issued by Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, MO, dated 28 July 1970, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 15 March 1971 to 28 January 1972 and served with the:

* 48th Attack Helicopter Company from 21 March to 14 September 1971
* 48th Attack Helicopter Company (attached to Headquarters and Headquarters Company, 11th Combat Aviation Group) from 15 September 1971 to 29 January 1972

5.  He was honorably released from active duty on 29 January 1972.  He had received all “excellent” conduct and efficiency ratings.  His DD Form 214 shows he completed 1 year, 7 months, and 22 days of net active service, of which 10 months and 14 days were credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two overseas service bars

6.  A review of his service records show no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 8 June 1970 through 29 January 1972.

7.  Army Regulation 672-5-1 (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.

8.  His record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) which shows he held the rank/grade of SP5/E-5 when he enlisted in the Nebraska ARNG (NEARNG).  His DD Form 4 also shows he served in the U.S. Army Reserve (USAR) from 30 January 1972 to 9 April 1973 and he held the rank/grade of SP4/E-4 upon his discharge from the USAR.

9.  His record contains a DA Form 20 that specifically covers his period of service in the NEARNG and shows his rank/grade listed as SP5/E-5 and his date of rank (DOR) listed as 10 April 1973.

10.  He was honorably discharged from the NEARNG on 11 July 1973.  His National Guard Bureau (NGB) Form 22 (Report of Separation and record of Service) lists his rank as SP5.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  The 48th Aviation Company was cited for award of the: 

* Valorous Unit Award for the period 8 February to 24 March 1971 by Department of the Army General Order (DAGO) Number 24, dated 1975
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February to 8 April 1971 by DAGO Number 5, dated 1973

	b.  Headquarters and Headquarters Company, 11th Aviation Group was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by DAGO Number 6, dated 1974.




DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 8 June 1970 through 
29 January 1972.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, he received all "excellent" conduct and efficiency ratings.  He met the criteria for this award; therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

2.  SO awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to add this badge.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Valorous Unit Award and two awards of Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  His ARNG DD Form 4, DA Form 20, and NGB 22 all list his rank/grade as SP5/E-5.  Additionally, his DA Form 20 lists his DOR as 10 April 1973, which is also the date that he enlisted in the NEARNG.  His record indicates he enlisted in the ARNG in the rank of SP5/E-5; therefore, no correction to his record appears to be required.  

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 him the Army Good Conduct Medal (1st Award) for the period 
8 June 1970 through 29 January 1972
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Expert Marksmanship Qualification Badge with Grenade Bar 




      _______ _   _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)                                         AR20130013508



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ABCMR Record of Proceedings (cont)                                         AR20130013508



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