IN THE CASE OF:  

		BOARD DATE:  18 December 2014

		DOCKET NUMBER:  AR20140008585


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 authorized awards. 

2.  The applicant states that at the time of his discharge he was not interested in ensuring his records were correct.

3.  The applicant provides a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards).

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 on 6 January 1967.  He held military occupational specialty 61H (Amphibious Engineer).
3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) he served in Vietnam from 5 August 1967 until 14 September 1968.

	b.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to the 554th Transportation Platoon and to the 403rd Transportation Company.  Additionally, this item shows all his conduct and efficiency ratings were  "excellent."

4.  He was honorably released from active duty on 26 September 1968 as a specialist five (SP5)/E-5.  He had completed 1 year, 7 months, and 25 days of total active service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Two Overseas Service Bars

5.  The applicant provided a DA Form 1577 showing his authorized awards as the:

* Army Good Conduct Medal
* Meritorious Unit Commendation
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant. 

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 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.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following four campaigns: 

* Counteroffensive Phase III                          1 June 1967 - 29 January 1968
* Tet Counteroffensive -                               30 January - 1 April 1968
* Counteroffensive Phase IV                          2 April - 30 June 1968
* Counteroffensive Phase V                           1 July - 1 November 1968

9.  Department of the Army Pamphlet 672-3 (unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 554th Transportation Platoon was cited for award of the Meritorious Unit Commendation for the period 1 April -30 September 1967 in Department of the Army General Orders (DAGO) Number 17, dated 1969.

10.  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 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SP5 and "excellent" conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  He participated in four campaign periods during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 

3.  During his service in Vietnam, his unit was cited for award of the Meritorious Unit Commendation and all units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Therefore, his DD Form 214 should be corrected to show these 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 January 1967 to 26 September 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140008585



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