IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130020272 


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, in effect, correction of his DD Form 214 to show all awards which he is entitled to receive and the issuance of those awards.

2.  The applicant states he never received any of the awards he earned.

3.  The applicant provides his 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 enlisted in the Regular Army on 12 February 1968 and held military occupational specialty 35K (Aviation Mechanic).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  Special Orders (SO) Number 106, issued by Headquarters, U.S. Army Training Command, Fort Leonard Wood, MO, dated 15 April 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	b.  He was assigned to Vietnam from 5 March 1969 to 2 March 1970 and served with the 271st Assault Helicopter Company from 9 March 1969 to 
2 March 1970.

4.  He was honorably released from active duty on 11 February 1971.  His 
DD Form 214 shows he completed 3 years of net active service, of which
11 months and 28 days was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal 
* Army Commendation Medal

5.  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 271st Aviation Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
15 December 1969 to 10 October 1970 in Department of the Army General Orders (DAGO) Number 52, dated 1971.

6.  A review of his service records shows he had all “excellent” conduct and efficiency ratings, 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 
12 February 1968 through 11 February 1971.





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.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  GO Awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served honorably during the period 12 February 1968 through 11 February 1971.  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, there are no entries in his record to indicate that his commander denied him this award and he received all “excellent” conduct and efficiency ratings.  It appears 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 show this award.

4.  The ABCMR corrects records; it does not issue medals or badges unless it awards them.  Therefore, those awards that are granted in this record of proceedings will be issued.  

5.  However, the awards previously listed on his DD Form 214 will not be issued by the ABCMR.  Any questions or concerns regarding replacement medals and badges should be referred to the appropriate agency.  Requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be directed to the specific branch of the military in which the veteran served.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence 



may be addressed to the National Personnel Records Center, 1 Reserve Way, St. Louis, MO 63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command (TACOM), Clothing and Heraldry (PSID), Post Office Box 57997, Philadelphia, PA 19111.  

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 
12 February 1968 through 11 February 1971
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Issuing him these awards



      _______ _   __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)                                         AR20130020272



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ABCMR Record of Proceedings (cont)                                         AR20130020272



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