IN THE CASE OF:	   

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140016004 


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. 

2.  The applicant states, in effect, the alleged error or injustice occurred at the Army Personnel Center, Oakland, CA, on 2 April 1971.  

3.  The applicant provides copies of his DD Form 214 and an Army Commendation Medal Certificate.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 27 August 1969.  He was awarded military occupational specialty 91B (medic).  He served in Vietnam from 13 January 1970 through 31 March 1971, during three campaigns.  He was assigned to the 93rd Evacuation Hospital.   

3.  General Orders (GO) Number 813, issued by Headquarters, U.S. Army Vietnam on 5 March 1971, awarded him the Army Commendation Medal for meritorious service in Vietnam from January 1970 through March 1971.

4.  He was honorably released from active duty in pay grade E-5 on 2 April 1971 and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year, 7 months, and 6 days of active service.  His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal as his authorized awards and decorations.

5.  His DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of 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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital.

7.  Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation.

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit the 93rd Evacuation Hospital was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 October 1969 through December 1970, by Department of the Army (DAGO) Number 70, dated 1972.

9.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal for his meritorious service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He completed 1 year, 7 months, and 6 days of honorable service.  He also received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-5, and served in Vietnam.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 27 August 1969 through 2 April 1971 and its addition to his DD Form 214.

3.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  GO awarded his unit, the 93rd Evacuation Hospital, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. 

5.  GO awarded Headquarters, United States Army Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected 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 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 27 August 1969 through 2 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20140016004



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ABCMR Record of Proceedings (cont)                                         AR20140016004



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