BOARD DATE: 3 September 2014
DOCKET NUMBER: AR20140001656
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 corrected show all of his authorized awards.
2. The applicant states that he believes he is entitled to additional awards that are not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 10 March 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 11 February 1963. He completed basic training at Fort Gordon, Georgia and advanced individual training as a wireman at Fort Knox, Kentucky and he was transferred to Germany on 2 October 1963 where he remained until he was transferred to Fort Hamilton, New York and was honorably released from active duty (REFRAD) on 28 January 1965. He had served 1 year, 11 months, and 18 days of active service and he was awarded the Good Conduct Medal (GCMDL) and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.
3. On 24 March 1965, the applicant enlisted in the Regular Army in the pay grade of E-4 for a period of 3 years. He was assigned to Fort Benning, Georgia for his first assignment and he served with the 17th Aviation Company.
4. On 19 August 1965, he was transferred to Vietnam with his unit and served in three campaigns in Vietnam until 18 August 1966 when he was transferred to Fort Lee, Virginia.
5. On 4 December 1967, he was transferred to Alaska.
6. Orders dated 8 March 1968 show he was awarded GCMDL (1st Award) for the period 24 March 1965 date of separation on or about 23 March 1968.
7. On 10 March 1968, he was honorably REFRAD as an overseas returnee. He had served 2 years, 11 months, and 17 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, GCMDL, and the Expert Marksmanship Qualification Badge with M-14 Rifle Bar.
8. 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 applicant's unit was awarded the Presidential Unit Citation (PUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In this case it is the Vietnam Service Medal.
10. Army Regulation 600-8-22 states the GCMDL is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in three campaigns while in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
2. Although the applicants records contain orders for a second GCMDL, those orders were issued as the first award of the medal for an ending period of date of separation on or about 23 March 1968. He then separated on 10 March 1968. It appears the clerk issuing those orders was not aware that he had already been awarded the GCMDL (1st Award). Since he had not completed a full 3 years of service he was not authorized a second award and should not be entered on his DD Form 214.
3. Additionally, his unit in Vietnam was cited for award of the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
BOARD VOTE:
__X___ __X______ _____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the award the VSM from his DD Form 214 for the period ending 10 March 1968
* Adding the Vietnam Service Medal with three bronze service stars, PUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 10 March 1969
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140001656
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ABCMR Record of Proceedings (cont) AR20140001656
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