IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140004122 


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 (Report of Transfer or Discharge) to show award of the Republic of Vietnam (RVN) Gallantry Cross Unit Citation and the Meritorious Unit Citation (correctly known as the Meritorious Unit Commendation).

2.  The applicant states an administrative error occurred during out-processing.

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 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 5 February 1969.  He completed basic training during which time he qualified as a marksman with the M-14 and M-16 Rifles and at the 1st Class (Sharpshooter) level with grenades.  He received on-the-job training as a unit and organization supply specialist and was posted to Vietnam.

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

	a.  service with the 131st Aviation Company, 212th Combat Aviation Battalion, 1st Aviation Brigade from 24 September 1969 to 17 September 1970;

	b.  he received exclusively “excellent” conduct and efficiency ratings throughout his period of active service; and

	c.  awards consisting of the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle M-14 and M-16 Bars.

4.  A DA Form 137 (Installation Clearance Record) shows that when the applicant checked out of his unit he was assigned “excellent” conduct and efficiency ratings.

5.  On 20 September 1970, he returned to the United States from Vietnam and he was released from active duty and transferred to the U.S. Army Reserve in pay grade E-4.  The awards shown on his DD Form 214 are the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Vietnam Service Medal, RVN Campaign Medal with Device (1960), Army Commendation Medal, and two Overseas Service Bars.

6.  Army Pamphlet 672-3 Unit Citations and Campaign Participation Credit Register) shows:

	a.  The 131st Aviation Company was not awarded the Meritorious Unit Commendation for service that coincides with the applicant's Vietnam tour;

	b.  Headquarters, U.S. Army, Vietnam and all subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order 8, dated 1974; and

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each designated campaign period.  The four campaigns that coincide with the applicant's tour of duty are – 
* Vietnam Summer - Fall 1969-----------9 June - 31 October 1969
* Vietnam Winter - Spring 1970----------1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive--------------1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII --1 July 1970 - 30 June 1971

7.  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 first award only, 1 year served entirely during the period 7 December 1941 to 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-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the RVN Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation be added to his DD Form 214.

2.  The available evidence does not show the applicant's unit in Vietnam was awarded the Meritorious Unit Commendation when he was assigned to the unit.

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

4.  The applicant completed his active duty service with exclusively “excellent” conduct and efficiency ratings, a commendable tour of duty in the combat zone, and without a discreditable incident of record.  Notwithstanding the absence of a recommendation for the Army Good Conduct Medal, he clearly earned it.  It should be awarded to the applicant at this time.

5.  He served in Vietnam during four designated campaign periods and is authorized four bronze service stars for wear on the already-awarded Vietnam Service Medal.

6.  The applicant qualified for the Sharpshooter Marksmanship Qualification Badge with Grenade Bar that is not shown on his DD Form 214. 

7.  The applicant's DD Form 214 should be corrected to show the above awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 February 1969 through 20 September 1970; and

	b.  showing that in addition to the awards currently shown on his DD Form 214 his authorized awards include – 

* Army Good Conduct Medal (1st Award)
* four bronze service stars for wear on the already-awarded Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Meritorious Unit Commendation to his DD Form 214.  



      _______ _   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)                                         AR20140004122



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ABCMR Record of Proceedings (cont)                                         AR20140004122



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