IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140004890
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his authorized awards for his service in Vietnam.
2. The applicant states that even though he spent only a short time in Vietnam, he should receive credit for that service.
3. The applicant provides a copy of his DD Form 214 and leave and earnings statement.
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 on 9 October 1963. He completed his one-station unit training as a construction equipment operator at Fort Leonard Wood, Missouri and was transferred to Fort Belvoir, Virginia for assignment to the 87th Engineer Battalion.
3. On 5 August 1965, he was transferred to Vietnam with his unit. He served in one campaign and departed Vietnam on 1 October 1965 for transfer to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 4 October 1965 as an overseas returnee. He had served 1 year, 11 months, and 26 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded three marksmanship badges.
4. His records show he had all excellent conduct and efficiency ratings. He had two records of nonjudicial punishment for minor offenses on 27 February 1965 for speeding, 57 miles per hour in a 35 miles per hour zone; and on 14 March 1965, for failing to ensure the roadway was clear when backing, striking another vehicle as a result.
5. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
7. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
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 that the applicants unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served during a qualifying period for award of the AGCM (1st Award) for the period 9 October 1963 to 4 October 1965. Accordingly, he should be awarded the AGCM at this time.
2. The applicant also served during qualifying periods for awards of the VSM with one bronze service star and the NDSM. Accordingly, they should be added to his DD Form 214 at this time.
3. Additionally, the applicants unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is entitled to have those awards added to his DD Form 214.
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 AGCM (1st Award) for the period 9 October 1963 to 4 October 1965
* Adding the awards of the AGCM (1st Award), VSM with one bronze
service star, NDSM, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20140004890
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ABCMR Record of Proceedings (cont) AR20140004890
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