IN THE CASE OF:	

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20130013995 


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 Distinguished Flying Cross (DFC).

2.  The applicant states the award was not included on his DD Form 214.

3.  The applicant provides:

* General Orders (GO) Number 3615, issued by Headquarters, 101st Airborne Division, dated 21 April 1969
* DFC Certificate
* 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 was inducted into the Army of the United States on 29 May 1968.

3.  Special Orders (SO) Number 179, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 17 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded the applicant the following:

* SO Number 242, dated 30 August 1968, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 258, dated 15 September 1968, Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

5.  The applicant served in Vietnam from 24 October 1968 through 21 October 1969.  While in Vietnam, he was assigned to:

* Headquarters and Headquarters Company, 160th Aviation Battalion from 10 November 1968 to 2 December 1968
* Company D, 101st Aviation Battalion from 3 December 1968 to 15 October 1969

6.  GO Number 2386, issued by Headquarters, 101st Airborne Division, dated 17 March 1969, awarded the applicant the Air Medal.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received ‘excellent” conduct and efficiency ratings.

8.  On 28 May 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows award of the:

* Meritorious Unit Commendation
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

9.  The applicant provides a copy of his DFC Certificate and GO Number 2386, dated 17 March 1969, which awarded him the DFC.

10.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  

11.  Army Regulation 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the DFC and the Air Medal.  The unit to which he was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The applicant served honorably during the period 29 May 1968 through 28 May 1970.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60); therefore, he is entitled to correction of his DD Form 214 to show these qualification badges. 



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 29 May 1968 through 28 May 1970
* adding to his DD Form 214 the:

*	DFC
*	Air Medal
*	Army Good Conduct Medal (1st Award)
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)



      _______ _ 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)                                         AR20130013995



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ABCMR Record of Proceedings (cont)                                         AR20130013995



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