IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140006697 


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 the Army Commendation Medal.  

2.  The applicant states his Army Commendation Medal is not shown on his DD Form 214.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), orders, a certificate, and an award citation.

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's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 27 September 1965.  He attained the rank/grade of specialist five (SP5)/E-5 on 27 November 1967.  He served in Vietnam from 20 November 1967 to 19 September 1968 while assigned to Headquarters and Headquarters Company (HHC), 101st Aviation Battalion.

3.  He provides and his record contains General Orders (GO) Number 6325, dated 15 September 1968, issued by Headquarters (HQ), 101st Airborne Division, awarding him the Army Commendation Medal for meritorious achievement from 1 March to 31 July 1968.

4.  He was honorably released from active duty on 20 September 1968 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 24 days of creditable active service with no lost time.  His DD Form 214 shows in:

* Item 17c (Date of Entry) - the entry 17 September 1965
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Bronze Star Medal, and Vietnam Campaign Medal 

5.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as expert with the M-16 rifle.  Item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings.  Item 41 (Awards and Decorations) shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 29 April 1969, he was issued a DD Form 215 that added an additional military occupational specialty to his DD Form 214.

7.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

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.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows HHC, 101st Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal and his DA Form 20 shows award of Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 accordingly.

2.  The applicant enlisted in the RA on 27 September 1965 and he completed 2 years, 11 months, and 24 days of active service.  His DD Form 214 inadvertently listed his date of entry as 17 September 1965.  Because this date affects his entitlements to additional awards, it should be corrected to show the correct date of entry as 27 September 1965.

3.  The evidence of record confirms he served honorably from 27 September 1965 to 20 September 1968.  He attained the rank of SP5 and received all “excellent” conduct and efficiency ratings throughout his service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this medal.

4.  His record confirms 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 correction of his DD Form 214 accordingly.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
6.  His record shows he qualified as expert with the M-16; therefore, it would be appropriate to correct his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 Army Good Conduct Medal (1st Award) for the period 27 September 1965 through 20 September 1968
* deleting from item 17c of his DD Form 214 the current entry and replacing it with the entry 27 September 1965
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and adding the: 

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20140006697





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ABCMR Record of Proceedings (cont)                                         AR20140006697



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