IN THE CASE OF:  	  

		BOARD DATE:  16 December 2014	  

		DOCKET NUMBER:  AR20140008408 


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 the awards listed in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 March 1968.

2.  The applicant states these awards were not listed on his DD Form 214 when he separated from the Army.

3.  The applicant provides:

* DD Form 47 (Record of Induction)
* DA Form 20
* DA Form 2376 (Notification to State Adjutants General, Release from Active Duty of Obligated Reservist)
* DD Form 214
* his discharge from the U.S. Army Reserve (USAR) Control Group (Standby) 

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.  On 10 March 1966, he was inducted into the Army of the United States.  

3.  He was assigned to the 65th Engineer Battalion in the Republic of Vietnam from 14 September 1966 to 3 September 1967.  He participated in two campaigns.  He was promoted to specialist five (SP5)/pay grade E-5 on 20 June 1967.

4.  Item 41 of his DA Form 20 shows he was awarded the following awards:

Type
Authority


Sharpshooter Marksmanship Qualification Badge with Rifle Bar
Special Order 224, Headquarters, 
5th Engineer Battalion

National Defense Service Medal
Army Regulation 672-5-1 (Military Awards)

Vietnam Service Medal
Army Regulation 672-5-1

Republic of Vietnam Campaign Medal with Device (1960)
Army Regulation 672-5-1
5.  On 8 March 1968, he was released from active duty.  He completed 1 year, 11 months, and 29 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence he received the first award of the Army Good Conduct Medal.  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units during the Vietnam Conflict.  The 65th Engineer Battalion was awarded the:
* Meritorious Unit Commendation (Army) for the period 22 February -  
7 December 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 - August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 13 March 1966 - 21 January 1970

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  

	a.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.

	b.  Paragraph 53 stated all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 66 (Officer Qualification Record) or the DA Form 20 were entered on the DD Form 214.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 

	a.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

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

DISCUSSION AND CONCLUSIONS:

1.  His records do not show indiscipline or lost time, and he received conduct and efficiency ratings of "excellent" throughout his military service.  He was promoted to SP5 in less than 2 years.  Therefore, the preponderance of evidence shows he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 March 1966 to 8 March 1968 ending with termination of a period of Federal military service.

2.  The DA Form 20 was the source document for entering awards on the 
DD Form 214 at the time of his release from active duty.  The Sharpshooter Marksmanship Qualification Badge with Rifle Bar is already shown on his 
DD Form 214.  Therefore, the following medals shown in item 41 of his 
DA Form 20 should be added to his DD Form 214:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

3.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.

4.  Based on his service with the 65th Engineer Battalion he is authorized the:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 10 March 1966 to 8 March 1968, and


	b.  amending his DD Form 214 by adding the:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (Army) 
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _   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)                                         AR20140008408



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ABCMR Record of Proceedings (cont)                                         AR20140008408



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