IN THE CASE OF:  	  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140008221 


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 entitled to receive.

2.  The applicant states he performed his Vietnam service in Okinawa and he never received any awards.

3.  The applicant provides:

* DD Form 214
* DD Form 256A (Honorable Discharge) certificate
* Letter Orders Number 02-1024590
* a memorandum
* General Orders Number 43
* a Certificate of Achievement
* Special Orders Number 55

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 records show he was inducted into the Army of the United States on 5 March 1965.  He was trained in and held military occupational specialty 83F (Offset Pressman).  

3.  The evidence shows he served in the 15th Psychological Detachment, 7th Psychological Group, Okinawa, U.S. Army Pacific (USARPAC), from on or about 15 February 1966 to 24 February 1967.  

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  He was honorably released from active duty on 24 February 1967 as an overseas returnee.  His DD Form 214 shows in:

* Item 22c (Foreign and/or Sea Service), 1 year and 8 days "USARPAC"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized), the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant provides a Certificate of Achievement commending him for outstanding achievement during his tour of duty with the Printing Branch,          15th Psychological Operations Detachment (Strategic), 7th Psychological Operations Group.

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, 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.  There must have been no convictions by a court-martial.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to 15th Psychological Operations Detachment, 7th Psychological Operations Group the unit received the Meritorious Unit Commendation for the periods October 1965 to March 1967, based on Department of the Army General Order Number 43, dated 1967.

9.  Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  This regulation also gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
 
DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's service with the15th Psychological Operations Detachment, 7th Psychological Operations Group, he is entitled to the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 5 March 1965 through 24 February 1967 and to correct his DD Form 214 to show this award.

3.  The applicant’s request for correction of his records to show his Certificate of Achievement is acknowledged.  However, based on the military awards regulation, Certificates of Achievement are not recorded on the DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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: 
   
   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 March 1965 through 24 February 1967; and

	b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation 

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 adding the Certificate of Achievement to his DD Form 214.  



      __________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)                                         AR20140008221



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ABCMR Record of Proceedings (cont)                                         AR20140008221



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