IN THE CASE OF:  	  

		BOARD DATE:  30 July 2015	  

		DOCKET NUMBER:  AR20140021327 


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 records to show award of the Good Conduct Medal and Presidential Unit Citation and that he was separated in pay grade E-5.

2.  The applicant states —

* he was released from active duty as a specialist five (SP5)/E-5 not a private (E-3) as shown on his DD Form 214 (Report of Transfer or Discharge)
* award of the Presidential Unit Citation was authorized after his release
* his award of the Good Conduct Medal is missing

3.  The applicant provides no supporting documentation.

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.  Item 5 (Grade, Rate or Rank) and item 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show, respectively, he held the rank/grade of SP5/E-5 when he was released from active duty.  Because his record already shows he held the rank and pay grade he claims is correct, this issue will not be discussed further in these proceedings.

3.  The applicant was inducted on 26 January 1966, completed training, and was awarded military occupational specialty 71H (Personnel Specialist).

4.  His DA Form 20 (Enlisted Qualification Record) shows the following —

* advancement to specialist five, E-5 on 25 October 1967 with no subsequent reductions
* service in Vietnam from 23 August 1966 through 31 July 1967
* assignment in Vietnam to Company A, 2nd Battalion, 34th Armor Regiment 
* conduct and efficiency ratings of exclusively "excellent"
* award of the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960)

5.  The applicant was honorably released from active duty on 25 January 1968.  His DD Form 214 shows award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the Company A, 2nd Battalion, 34th Armor Regiment, it was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods:  Counteroffensive Phase II (1 July 1966 - 31 May 1967) and Counteroffensive Phase III (1 June 1967 - 29 January 1968).

9.  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, 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 
court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 26 January 1966 through 25 January 1968 and add this award to his DD Form 214.

2.  The applicant served in Vietnam during two campaign periods and is authorized two bronze service stars to wear on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show these appurtenances.

3.  In addition to the awards shown on the DD Form 214, the applicant is also authorized award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

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.  deleting the Vietnam Service Medal from the applicant's 25 January 1968 DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 26 January 1966 through 25 January 1968; and

	c.  showing on the 25 January 1968 DD Form 214 that the applicant's awards also include the Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, and the 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)                                         AR20140021327



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ABCMR Record of Proceedings (cont)                                         AR20140021327



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