IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140002025 


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 the:

* Army Good Conduct Medal
* Vietnam Campaign Medal
* Marksmanship Qualification Badge with Rifle Bar
* any unit awards

2.  The applicant states:

   a.  Several awards are missing from his DD Form 214 that he earned in Vietnam.  He served in Vietnam from 13 December 1970 through 8 December 1971.  He was assigned to the 165th Aviation Group and then to the 210th Aviation Brigade.  He recently noticed that he was missing several awards from his service that are not shown on his DD Form 214.

   b.  He believes he is entitled to the Army Good Conduct Medal, Vietnam Campaign Medal, Marksmanship Qualification Badge with Rifle Bar, and any unit awards he is entitled to wear based on his assignments shown above.  He would like his records corrected and a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued.




3.  The applicant provides a copy of 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 17 July 1970.  He served in military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 13 December 1970 through 8 December 1971, during three campaigns.  He was assigned to:

* Headquarters, 165th Aviation Group (Combat) from on or about 13 December 1970 through 3 January 1971
* Headquarters and Headquarters Company (HHC), 210th Aviation Battalion, from 4 January to 9 June 1971
* U.S. Army Garrison from 10 June to 2 December 1971

3.  On 19 January 1972, he was honorably released from active duty in pay grade E-4 and transferred to the U.S. Amy Reserve (USAR).  He was credited with completing 1 year, 6 months, and 3 months of net active service.  His       DD Form 214 lists the National Defense Service Medal sand Vietnam Service Medal with one bronze service star.

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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars

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 service entirely during the period 7 December 1941 through 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-marital.

6.  Army Regulation 600-8-22 (Military Award) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to U.S. Armed Forces members who served in Vietnam for a period of 6 months.

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows HHC, 165th Aviation Group and HHC, 210th Aviation Battalion were each cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1970 through  31 August 1972, by DA General Orders (GO) Number 6, dated 1974.

8.  DA Pamphlet 672-3 states no more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows he received "excellent" conduct and efficiency rating during his period of active duty, attained the rank of pay grade E-4, and served in Vietnam.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 17 July 1970 through 19 January 1972 and its addition to his DD Form 214.

2.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars (vice one) to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

3.  He completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.
4.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars during his period of active duty.  Therefore, his DD Form 214 should be correction to show these badges.

5.  GO awarded his units in Vietnam, the 165th Aviation Group and HHC, 210th Aviation Battalion, the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  The regulation provides that, although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show these 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:

	a.  Awarding the applicant the Army Good Conduct Medal (1st Award) for the period 17 July 1970 through 19 January 1972;

	b.  Deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star; and 

	c.  Adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)



* Sharpshooter Marksmanship Qualification Badge with Rifle and Hand Grenade Bars



      _______ _   _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)                                         AR20140002025





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ABCMR Record of Proceedings (cont)                                         AR20140002025



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