IN THE CASE OF:    

		BOARD DATE:  4 December 2014	  

		DOCKET NUMBER:  AR20140007303 


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 reflect additional awards for his service in Vietnam.

2.  The applicant states his record of awards is incomplete and the correction is necessary to verify his eligibility for Department of Veterans Affairs health care.

3.  The applicant provides:

* DD Form 214
* U.S. Army Aviation School Special Orders Number 199, dated 16 August 1967
* Headquarters, 1st Air Cavalry Division, Special Orders Number 295, dated 21 October 1968

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 March 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 2 October 1967 through on or about 23 October 1968 where he was assigned to Company D, 15th Transportation Battalion, 1st Cavalry Division, as a helicopter mechanic.  During his service in Vietnam he participated in four campaigns.

4.  The applicant's records contain:

* Headquarters, U.S. Army Aviation School, Special Orders Number 153, dated 21 June 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Headquarters, 1st Cavalry Division, General Orders Number 13478, dated 26 October 1968, awarding him the Army Commendation Medal

5.  He was released from active duty as an overseas returnee on 29 October 1968.  He completed 1 year, 7 months, and 9 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* two overseas service bars

6.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 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.

8.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

9.  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 the 15th Transportation Battalion was awarded the:

* Meritorious Unit Commendation for the period 1 June 1967 through 31 May 1968 by Department of the Army General Orders (DAGO) Number 28, dated 1969
* Meritorious Unit Commendation for the period 1 June 1968 through 30 November 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Army Commendation Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this award and badge.

2.  He served honorably during the period 21 March 1967 through 29 October 1968.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars with his Vietnam Service Medal.

4.  General orders awarded the unit to which the applicant was assigned in Vietnam the Meritorious Unit Commendation on two occasions and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



BOARD VOTE:

____X___  ____X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 21 March 1967 through 29 October 1968
* adding the following awards to his DD Form 214 –

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* four bronze service stars with his Vietnam Service 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)                                         AR20140007303



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ABCMR Record of Proceedings (cont)                                         AR20140007303



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