IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013197 


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 in: 

* item 23a (Specialty Number), his specialty as 67A (Aircraft Maintenance Apprentice) vice 36K (Wireman)
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), all his awards and decorations 

2.  The applicant states not all his awards and decorations are reflected on his DD Form 214.  He originally held the 36C (Lineman) specialty but his last duty station was with the 118th Assault Helicopter Company where he underwent on the job training as a door gunner, military occupational specialty (MOS) 67A1F, from August 1968 to August 1969.  He would like his DD Form 214 adjusted. 

3.  The applicant provides his DD Form 214, U.S. Army Reserve (USAR) discharge orders, and multiple DA Forms 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’s records show he enlisted in the Regular Army on 30 December 1966.  He completed advanced individual training at Fort Gordon, GA, and he was awarded MOS 36C. 

3.  Following completion of MOS training, he served in Korea with the 51st Signal Battalion from on or about 8 June 1967 to on or about 2 February 1968.  

4.  Special Orders (SO) Number 158 issued by the 51st Signal Battalion on 21 August 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He served in Vietnam from on or about 3 March 1968 to on or about 10 August 1969.  He was assigned as follows: 

* Company B, 53rd Signal Battalion, from on or about 6 March 1968 to on or about 5 August 1968, in MOS 36K
* 118th Assault Helicopter Company, from on or about 5 August 1968 to on or about 10 August 1969, in MOS 67A1F

6.  General Orders (GO) Number 6835, issued by Headquarters, 1st Aviation Brigade, on 2 October 1968, awarded him the Air Medal for meritorious achievement from 9 to 17 August 1968.

7.  SO Number 301, issued by Headquarters, 145th Combat Aviation Battalion, on 13 November 1968 awarded him MOS 67A1F and withdrew MOS 36C.

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 August 1969.  He completed 2 years, 7 months, and 13 days of active service.  His DD Form 214 shows in: 

* item 23a, 36C2O, Wireman
* item 24, he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Air Medal


9.  A review of his service record shows no derogatory information 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 "excellent" conduct and efficiency ratings throughout his military service.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars: 

* Tet Counteroffensive, 30 January 1968 to 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 to 30 June 1968
* 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

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 53rd Signal Battalion from on or about 6 March 1968 to on or about 5 August 1968, this unit was awarded the Meritorious Unit Commendation for service from 1 July 1967 to 30 June 1968 by DAGO Number 56, dated 1969.

14.  DA Pamphlet 672-3 shows during his service with 118th Assault Helicopter Company from on or about 5 August 1968 to on or about 10 August 1969, this unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 May 1969 to 15 May 1970, by DAO Number 55, dated 1971.

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

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was initially trained in and awarded MOS 36K, he was later trained in and awarded MOS 67A1A.  At the time of his separation on 12 August 1969, he held MOS 67A1A.  Therefore, his DD Form 214 should be corrected to show this MOS. 

2.  The applicant served in Korea from on or about 8 June 1967 to on or about 2 February 1968.  He served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  He was awarded the Vietnam Service Medal.  He also participated in six campaigns during his service in Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  His units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation.  Therefore, his 
DD Form 214 should be corrected to show these unit awards. 

6.  He served honorably from 30 December 1966 through 12 August 1969.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information 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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 December 1966 through 12 August 1969
* deleting from item 23a of his DD Form 214 the existing entry and adding "67A1A (Aircraft Maintenance Apprentice)"
* 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 one silver service star and one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation



      __________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)                                         AR20140013197





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ABCMR Record of Proceedings (cont)                                         AR20140013197



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