IN THE CASE OF:
BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130013858
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be updated to include all of his authorized awards.
2. The applicant states that his DD Form 214 has never been updated and he wants his grandchildren to see his medals.
3. The applicant provides a copy of his DD Form 214 and orders awarding him the Army Commendation Medal.
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 on 22 August 1967. He completed his basic training at Fort Ord, California and his advanced individual training as a field artillery operations and intelligence assistant at Fort Sill, Oklahoma before being transferred to Vietnam on 13 January 1968 for assignment to the 7th Battalion, 8th Artillery Regiment.
3. He departed Vietnam on 9 January 1969 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 21 August 1969. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, and the Republic of Vietnam Campaign Medal.
4. A review of his official records show that he received excellent conduct and efficiency ratings throughout his service and is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM). He was also awarded the ARCOM on 5 December 1968.
5. 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 the 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.
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 the 7th Battalion, 8th Artillery Regiment, was cited for award of the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant received all "excellent" conduct and efficiency ratings throughout his service. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 August 1967 through 21 August 1969 and to correct his DD Form 214 to show this award.
2. The applicant was awarded the ARCOM and it was not annotated on his DD Form 214. Accordingly, it should be added at this time.
3. Additionally, his unit in Vietnam was cited for awards of the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit. Therefore, his DD Form 214 should be corrected to show those 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:
* Awarding him the Army Good Conduct Medal (1st Award) for the period 22 August 1967 through 21 August 1969
* Adding the Army Good Conduct Medal (1st Award), ARCOM, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
_______ _ 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) AR20130013858
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ABCMR Record of Proceedings (cont) AR20130013858
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