IN THE CASE OF:	  

		BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20140014974 


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 award of the Army Commendation Medal and any other awards he may be entitled.

2.  The applicant states he has orders for the Army Commendation Medal; however, it is not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* General Orders Number 7

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 into the Army of the United States on 4 March 1969.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  Evidence shows he served in the Republic of Vietnam from 24 January to 15 December 1970 as a member of Headquarters and Headquarters Company, 4th Transportation Command.

3.  The applicant provides General Orders Number 7, issued by Headquarters, U.S. Army Support Command, Saigon, dated 1 January 1971, which show he was awarded the Army Commendation Medal.

4.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-16 rifle on 29 May 1969.  

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 15 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 9 months, and 12 days of total active service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

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

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 the 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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

9.  Department of the Army General Orders Number 8, dated 1974, awarded 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.  General orders award him the Army Commendation Medal.  Therefore, he is entitled to correction of his record to show this award.

2.  Evidence shows he qualified as a marksman on his assigned weapon.  Therefore, he is entitled to correction of his record to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

3.  The evidence of record confirms he served honorably during the period 4 March 1969 through 15 December 1970.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 
4 March 1969 through 15 December 1970 and to correct his DD Form 214 to show this medal.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his previously awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.




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 4 March 1969 through 15 December 1970;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.  adding to his DD Form 214 the following:

* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 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)                                         AR20140014974





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ABCMR Record of Proceedings (cont)                                         AR20140014974



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