IN THE CASE OF:	  

		BOARD DATE:	21 April 2015

		DOCKET NUMBER:  AR20140012747 


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) for the period ending                 
12 September 1968 to show unspecified awards to which he may be entitled.

2.  The applicant states the paperwork never caught up with him due to his reassignment.

3.  The applicant provides no additional evidence in support of his request.

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 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 29 August 1966.  He completed his initial entry training and was awarded MOS 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of active military service was sergeant (SGT)/E-5

3.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 16 April 1967 through on or about 11 April 1968.

	b.  Item 38 (Record of Assignments) shows he was assigned to 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade during his period of service in the Republic of Vietnam.

	c.  Item 41 (Awards and Decorations) shows he was awarded or authorized the following:

* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60)
* 2 overseas service bars

4.  He was honorably released from active duty on 12 September 1968 and was transferred to the U.S. Army Reserve (USAR).  His DD Form 214 for this period of service shows he was awarded or authorized the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60)

5.  His record contains no evidence of any convictions by courts-martial or a commander's disqualification that would have precluded him from being recommended for or awarded the initial award of the Army Good Conduct Medal. His record shows he received "excellent" conduct and efficiency ratings throughout his service.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:
	
* Vietnam Counteroffensive, Phase II  (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III  (1 Jun 1967 – 29 January 1968) 
* Tet Counteroffensive  (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV  (2 April 1968 – 30 June 1968) 

8.  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 unit to which he was assigned, the 2nd Battalion, 3rd Infantry Regiment, was cited for the following awards during the period in which he was assigned (on or about 16 April 1967 through on or about 11 April 1968):

* Valorous Unit Award, for service during the period 31 January through 19 February 1968, by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 12 December 1966 through 31 August 1970, by DAGO Number 31, dated 1971


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 for the period ending 12 September 1968 to show unspecified awards to which he may be entitled was carefully considered.

2.  He served honorably from 29 August 1966 through 12 September 1968.  His record shows he received "excellent" conduct and efficiency ratings throughout his service, and there is no evidence of a court-martial conviction or any actions by his commander to disqualify him from receiving his initial award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He participated in four campaigns during his service in Vietnam; however, his DD Form 214 only credits him with participating in three campaigns.  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 to show these bronze service stars.

4.  His unit of assignment in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 August 1966 through 12 September 1968;

	b.  amending his DD Form 214 for the period ending 12 September 1968 by deleting the Vietnam Service Medal with 3 bronze service stars and adding the following awards:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* 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)                                         AR20090005696



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ABCMR Record of Proceedings (cont)                                         AR20140012747



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