IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140019711 


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 Force of the United States Report of Transfer or Discharge) to show any additional awards and decorations to which he may be entitled for his service in Vietnam.

2.  The applicant states he understands the 20th Engineer Battalion and 36th Engineer Battalion were awarded additional ribbons and citations.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 16 October 1967 for a period of 3 years.  He completed his training and was awarded military occupational specialty 62E (crawler tractor operator).  He arrived in Vietnam on 24 March 1968.  He was assigned to Company D, 36th Engineer Battalion, from 27 March 1968 to 20 March 1969.  He participated in five campaigns during his assignment in Vietnam.

3.  On 17 July 1970, he was honorably released from active duty in the rank of specialist five after completing 2 years, 9 months, and 2 days of creditable active service with no lost time.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

5.  There is no evidence indicating he was awarded the Army Good Conduct Medal.  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

6.  His DD Form 214 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) states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 36th Engineer Battalion was awarded the:

* Meritorious Unit Commendation for the period 1 October 1967 to 31 August 1968 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Meritorious Unit Commendation for the period 1 September 1968 to 31 December 1969 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 September 1967 to 31 May 1968 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period June 1968 to 16 April 1970 by DAGO Number 32, dated 1973

10.  DAGO 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.  The applicant was released from active duty in the rank of specialist five with over 33 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the Army Good Conduct Medal (1st Award) for the period 16 October 1967 through 17 July 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  He participated in five campaigns during his assignment in Vietnam which authorizes award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this silver service star.

3.  His unit in Vietnam awarded two Meritorious Unit Commendations and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 October 1967 through 17 July 1970,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)



      _______ _   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)                                         AR20140019711



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ABCMR Record of Proceedings (cont)                                         AR20140019711



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