BOARD DATE:  23 June 2015

		DOCKET NUMBER:  AR20140019985


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:

* Meritorious Unit Commendation
* Republic of Vietnam (RVN) Gallantry Cross with Gold Star

2.  The applicant states his unit was awarded these medals.

3.  The applicant provides 4 pages from the 124th Transportation Battalion history for 1966 to 1970.

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.  On 3 February 1966, the applicant was inducted into the Army of the United States.  He completed his initial training as an illustrator.

3.  On 3 February 1967, the applicant was assigned to the 124th Transportation Battalion located at Fort Devens, MA.

4.  On 30 June 1967, the applicant went with his unit to the RVN.  On 18 January 1968, he departed the RVN and returned to the United States.

5.  On 20 January 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist five, pay grade E-5 and had completed 1 year, 
11 months, and 18 days of creditable active duty service.  The applicant's 
DD Form 214 indicates he received the following awards:

* Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal.

7.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Counteroffensive, Phase III.  The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 124th Transportation Battalion, during the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 31, dated 1969, for award of the Meritorious Unit Commendation; and in DAGO Number 24, dated 1972, for award of the RVN Gallantry Cross with Gold Star.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam 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 were authorized this medal for the period 
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Gold Star

2.  Records show the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  Records show the applicant's unit was awarded the RVN Gallantry Cross with Gold Star and the RVN Gallantry Cross with Palm Unit Citation. Therefore, these foreign awards should be shown on his DD Form 214.

4.  The applicant’s records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is eligible for award of a bronze service star to be affixed to his already-awarded Vietnam Service 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:

	a.  awarding him the Army Good Conduct Medal for the period 3 February 1966 to 20 January 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214:

* Meritorious Unit Commendation
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with one bronze service star
* RVN Gallantry Cross with Gold Star
* RVN 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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140019985



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