BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140005919 


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:

* his last unit of assignment as a unit other than the 379th Transportation Company
* award of the Army Commendation Medal
* time spent in Airborne school 

2.  The applicant states there is no mention of his Army Commendation Medal or time spent in jump school on his DD Form 214. 

3.  The applicant provides 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 enlisted in the Regular Army on 30 July 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). 

3.  Following completion of MOS training, he was reassigned to Fort Benning, GA, where he completed the 4-week Airborne Course.  As a result, Special Orders (SO) Number 22, issued by Headquarters, Training Support Battalion, Fort Benning, awarded him the Parachutist Badge. 

4.  He served overseas as follows:

* Germany, from on or about 5 March 1969 to on or about 24 June 1969
* Vietnam, from 2 August 1969 to 14 September 1970; he was assigned to the 372nd Transportation Company
* Vietnam, from 15 September 1970 to 9 May 1971; he was assigned to the 379th Transportation Company

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 10 May 1971.  He completed 2 years, 9 months, and 11 days of active service.  His DD Form 214 also shows in:

* Item 12 (Last Duty Assignment and Major Command) - 379th Transportation Company, U.S. Army Vietnam
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal
* Item 25 (Education and Training), "Wheel Vehicle Repairman, 63B2O, 7 week, 1968" and "Airborne Training, 4 weeks, 1969"

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified sharpshooter with the M-14 rifle on 22 February 1969. 

7.  A review of his service record shows no derogatory information that would disqualify him from receiving the Army Good Conduct Medal (1st Award).  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.


8.  Army Regulation 672-5-1 (Military 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.

9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Army Commendation Medal.  Additionally, his service records do not contain orders and he provides none that shows he was recommended for or awarded the Army Commendation Medal. 

10.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* 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

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

14.  Army Regulation 635-5 (Separation Documents) at the time established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Item 12 shows the Soldier's last duty assignment and major command prior to separation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Vietnam from 2 August 1969 to 9 May 1971.  He was assigned to the 379th Transportation Company, USARV.  He was released from active duty on 10 May 1971.  His DD Form 214 correctly listed his last unit of assignment and major command as the 379th Transportation Company, USARV.  There is neither an error nor an injustice. 

2.  The applicant completed the 4-week Parachutist Course in 1969.  His airborne training is already listed in item 25 of his DD Form 214.  However, he was also awarded the Parachutist Badge as a result of this training.  This badge is not listed in item 24 of his DD Form 214.  Therefore, he is entitled to correction of item 24 of his DD Form 214 to show this badge.  

3.  There is insufficient evidence in the available records that shows the applicant was recommended for or awarded the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show this award. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these service stars.

5.  General orders awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award. 

6.  He served honorably during the period 30 July 1968 through 10 May 1971.  He attained the rank of SGT/E-5 and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

7.  He qualified sharpshooter with the M-14 rifle during his military service.  Therefore, he is entitled to award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his DD Form 214 to show it. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 July 1968 through 
10 May 1971
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the: 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 

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: 

* Changing his last unit of assignment to a unit other than the 379th Transportation Company
* Award of the Army Commendation Medal



      __________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)                                         AR20140005919





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005919



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1