IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005106
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 all awards he is authorized as a result of his active duty service.
2. The applicant states he is authorized awards and decorations that are not recorded on his DD Form 214.
3. The applicant provides a 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 21 August 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. he served in Vietnam from 14 March 1968 to around 19 March 1969;
b. he was assigned to Company C, 173rd Support Battalion during his service in Vietnam; and
c. he received all "excellent" conduct and efficiency ratings throughout his active duty service.
4. His record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.
5. He was honorably released from active duty on 23 March 1969 in the rank/grade of specialist four/E-4 after completing 1 year, 7 months, and 3 days
of active service with no time lost. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Parachutist Badge
6. 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 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.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for five campaigns.
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 during his assignment to the 173rd Support Battalion, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show all awards he is authorized has been carefully considered.
2. The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 21 August 1967 to 23 March 1969 and to correct his DD Form 214 to show this award.
3. He was awarded the Vietnam Service Medal; however, he participated in five campaigns during his service in Vietnam. Therefore, he is authorized one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect this silver service star.
4. His unit in Vietnam was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 2214 should be corrected to show this unit award.
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. deleting from his DD Form 214 the Vietnam Service Medal;
b. awarding him the Army Good Conduct Medal (First Award) for the period 21 August 1967 to 23 March 1969; and
c. adding to his DD Form 214 the Army Good Conduct Medal (First Award), Vietnam Service Medal with one silver service star, and the 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) AR20140005106
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