IN THE CASE OF:
BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016131
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.
2. The applicant states, in effect, he has a copy of the general orders awarding him the medal.
3. The applicant provides a copy of General Orders Number 35, issued by Headquarters, Special Troops, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, dated 26 July 1968.
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 24 August 1966.
3. He served in Vietnam from 13 February 1967 to about 12 July 1967 and he was assigned to Company A, 2nd Battalion, 5th Cavalry, 1st Cavalry Division.
4. Special Orders Number 185, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, dated 15 October 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Special Orders Number 213, issued by issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, dated 9 December 1966, awarded the applicant the First Class Gunner (now called Sharpshooter) Marksmanship Qualification Badge with Mortar Bar (81mm).
6. General Orders Number 35, issued by Headquarters, Special Troops, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, NJ, dated 26 July 1968, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 24 August 1966 to 23 August 1968.
7. On 23 August 1968, 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:
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
8. DD Forms 215 (Correction to DD Form 214) were issued as follows:
* on 3 September 2002, adding award of the Air Medal
* on 10 February 2005, adding award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. The Vietnam campaigns are listed in appendix B. His record shows his service in Vietnam coincided with two campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 29 January 1968)
10. Army Regulation 635-5 (Separation Documents ) states that a new DD Form 214 will be issued when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Army Good Conduct Medal (1st Award) for the period 24 August 1966 to 23 August 1968; therefore, he is entitled to correction of his DD Form 214 to show this award.
2. Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm); therefore, he is entitled to correction of his DD Form 214 to show these badges.
3. He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded Vietnam Service Medal.
4. Since the applicant has been issued two DD Forms 215, he is entitled to issuance of a new DD Form 214 to properly show all his award and decoration entitlements.
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 issuing him a new DD Form 214 and showing his awards and decorations entitlements as follows:
* Purple Heart
* Air Medal
* Valorous Unit Award
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
____________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) AR20130016131
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ABCMR Record of Proceedings (cont) AR20130016131
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