IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140002730 


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) in:

* Item 22c (Foreign and/or Sea Service) to show the entry "0  5  21" vice
"0  4  21"
* Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) the Combat Infantryman Badge, Air Medal, and Army Commendation Medal

2.  The applicant states, in effect, none of the above awards are annotated on his DD Form 214.  Additionally his foreign service was incorrectly calculated.

3.  The applicant provides:

* General Orders (GO) Number 1861, dated 18 June 1972
* Special Orders (SO) Number 200, dated 22 July 1972
* GO Number 1700, dated 29 July 1972
* 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 15 September 1971 and held military occupational specialty 13A (Field Artillery Basic).  The highest rank he attained while serving on active duty was specialist four.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 11 February to 1 August 1972 and he served with Company H, 75th Infantry (Rangers), 3rd Brigade, 1st Cavalry Division (Airmobile) from 
18 February to 1 August 1972.

4.  GO Number 1861, issued by Headquarters, 3rd Brigade, 1st Cavalry Division, Vietnam, dated 18 June 1972, awarded him the Army Commendation Medal for achievement.

5.  SO Number 200, issued by Headquarters, U.S. Army Vietnam/Military Assistance Command, Vietnam (MACV) Support Command, Vietnam, dated
22 July 1972, awarded him the Combat Infantryman Badge.

6.  GO Number 1700, issued by Headquarters, U.S. Army Vietnam/MACV Support Command, Vietnam, dated 29 July 1972, awarded him the Air Medal.

7.  GO Number 1785, issued by Headquarters, U.S. Army Vietnam/MACV Support Command, Vietnam, on 2 August 1972, awarded him the Army Commendation Medal (2nd Award) for service.

8.  He was honorably released from active duty on 26 January 1973.  His 
DD Form 214 shows he completed 1 year, 5 months, and 11 days of net active service.

	a.  Item 22c of his DD Form 214 contains the entry "0  4  21."

	b.  Item 24 of his DD Form 214 shows he awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

10.  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 Company H, 75th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
17 September 1965 to June 1972, by Department of the Army General Order (DAGO) Number 54, dated 1974.

11.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, 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 
15 September 1971 to 16 January 1973.

12.  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 Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.

2.  GO awarded him the Air Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.


3.  GO awarded him the Army Commendation Medal (2nd Award); therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  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.

5.  The evidence of record shows 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 to be affixed to his previously-awarded Vietnam Service Medal.

6.  He served honorably during the period 15 September 1971 to 16 January 1973.  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 "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.

7.  The evidence of record shows he served in Vietnam from 11 February to 
1 August 1972.  Therefore, the entry in item 22c of his DD Form 214 showing his foreign service as 4 months and 21 days is incorrect.  As such, he is entitled to correction of his DD Form 214 show his foreign service entry as 5 months and 
21 days.  

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 amending his DD Form 214 by:
	a.  deleting from item 22c the entry "0  4  21" and replacing it with the entry 
"0  5  21";

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
15 September 1971 through 16 January 1973;

	c.  deleting from item 24 the Vietnam Service Medal with one bronze service star; and

	d.  adding to item 24 the:

* Army Good Conduct Medal (1st Award)
* Air Medal 
* Army Commendation Medal (2nd Award)
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 



      _______ _   __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)                                         AR20140002730



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ABCMR Record of Proceedings (cont)                                         AR20140002730



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