BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140005579 


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 his records of his late brother, a former service member (FSM), be corrected by awarding him the Good Conduct Medal.

2.  The applicant states the FSM served honorably and received excellent reviews.  The correction will give full honor to his brother who served with the highest dedication to our country.

3.  The applicant provides copies of his and the FSM's DD Forms 214 (Report of Transfer or Discharge); the brothers Birth Certification; an Obituary; a Statement of Death from the Funeral Home; and letters the applicant received from the mortuary, Department of Veterans Affairs, and the National Personnel Records Center.

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 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 FSM served on active duty in the Regular Army from 30 June 1969 through 24 January 1972.  

3.  His DA Form 20 (Enlisted Qualification Record) provides the following –

* advancement to specialist four (E-4)
* service in Vietnam from 23 November 1969 to 18 November 1970 with Company D, 169th Engineer Battalion
* conduct and efficiency ratings of “excellent”
* no lost time
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Expert Marksmanship Qualification Medal with Rifle (M-16) and Hand Grenade Bars, and the Sharpshooter Marksmanship Qualification Medal with Rifle Bar (M-14)

4.  The FSM's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

5.  The FSM's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the FSM was assigned to Company D, 169th Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 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 court-martial convictions.  

8.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the FSM's dates of service in Vietnam he participated during the following three campaign periods:  the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's award of the Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) were omitted from his DD Form 214.  It would be appropriate to correct this oversight.

2.  The FSM is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It would be appropriate to include this award on his     DD Form 214.

3.  The FSM served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

4.  The FSM distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It would be appropriate to award the FSM the Good Conduct Medal for his period of service from 30 June 1969 through 24 January 1972.

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 the Vietnam Service Medal with two bronze service stars from his DD Form 214;

	b.  awarding him the Good Conduct Medal for his period of service from 30 June 1969 through 24 January 1972; and 

	c.  adding to his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _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)                                         AR20140005579



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ABCMR Record of Proceedings (cont)                                         AR20140005579



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