BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017115
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 reflect all medals and awards he is authorized by virtue of his service in Vietnam.
2. The applicant states his DD Form 214 is incomplete as he left Vietnam on short notice and he received medals and awards that are not reflected.
3. The applicant provides a letter from Oakland County Veterans Services, dated 24 September 2014.
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 5 September 1967. He completed training and was awarded military occupational specialty 71H (Personnel Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 1 August 1968 through 7 June 1969 where he was assigned as a personnel specialist to the 4th Administration Company, 4th Infantry Division. He participated in three campaigns.
4. He was honorably released from active duty on 12 June 1969. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge (M-16)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
5. There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal. His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant and his available personnel service records are likewise void of any award orders.
7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
9. Department of the Army General Orders 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 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. The applicant served honorably during the period 5 September 1967 through 12 June 1969. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.
2. He was awarded the Vietnam Service Medal and participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his already-awarded Vietnam Service Medal.
3. General Orders Number 8 awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 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 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 5 September 1967 through 12 June 1969
* adding the following awards to his DD Form 214
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars with his already-awarded Vietnam Service Medal
___________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) AR20140017115
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ABCMR Record of Proceedings (cont) AR20140017115
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