IN THE CASE OF:  	  

		BOARD DATE:  31 March 2015	  

		DOCKET NUMBER:  AR20140012965 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards and decorations.

2.  The applicant states some awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and a letter from the National Personnel Records Center (NPRC). 

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 13 December 1967 and held military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant). 

3.  Special Orders (SO) Number 121, issued by Headquarters, U.S. Army Artillery and Missile School Brigade, Fort Sill, OK, on 20 May 1968 promoted him to specialist four (SP4)/E-4. 

4.  He served in Vietnam from on or about 25 August 1968 to on or about 21 August 1969.  He was assigned to Battery C, 2nd Battalion, 9th Artillery,      4th Infantry Division. 

5.  SO Number 246, issued by Headquarters, 4th Infantry Division on 2 September 1968 reduced him to private first class (PFC)/E-3 for misconduct.  The nature of his misconduct is unknown.

6.  General Orders (GO) Number 4039, issued by Headquarters, 4th Infantry Division on 14 July 1969 awarded him the Army Commendation Medal for meritorious service from August 1968 to August 1969. 

7.  He was honorably released from active duty in the rank/grade of PFC/E-3 on 26 August 1969.  He completed 1 year, 8 months, and 14 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)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars 

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 to 8 June 1969
* Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969
9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Battery C, 2nd Battalion, 9th Artillery, from August 1968 to August 1969, in Vietnam, this unit was awarded unit awards as follows:

* Battery C: Presidential Unit Citation, for service from 10 to 21 May 1969, based on DAGO Number 16, dated 1972 
* 2nd Battalion: Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 28 July 1969, based on DAGO Number 3, dated 1970; and from 29 July 1969 to 10 April 1970, based on DAGO Number 52, dated 1971
* 2nd Battalion: Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969, based on DAGO Number 53, dated 1970

10.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

11.  A review of his service record shows aside from his reduction to PFC/E-3 in September 1968, no other derogatory information exist in his service record that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all  "excellent" conduct and efficiency ratings throughout his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.



2.  GO awarded his unit in Vietnam the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to reflect the service stars.

4.  He served honorably from 13 December 1967 through 26 August 1969.  He served in Vietnam and received all "excellent" efficiency and conduct ratings throughout his military service.  Although he was reduced for misconduct in September 1968, his records contain no other derogatory information, such as lost time or conviction by a court-martial, that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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
13 December 1967 through 26 August 1968
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Army Commendation Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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)                                         AR20140012965





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ABCMR Record of Proceedings (cont)                                         AR20140012965



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