IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140021398 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his authorized awards.

2.  The applicant states that he desires his DD Form 214 to be corrected to reflect all of his authorized individual and unit awards.

3.  The applicant provides a copy of his DD Form 214.

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 in Detroit, Michigan on 5 August 1969.  He completed his basic training and advanced individual training as a field radio mechanic at Fort Knox, Kentucky and was transferred to Fort Sill, Oklahoma where he attended the Tactical Communication Noncommissioned Officer (NCO) Candidate Course.  He was promoted to the rank of sergeant on 17 April 1970.

3.  On 10 July 1970, he was transferred to Vietnam for assignment to Headquarters and Headquarters Company, 1st Air Cavalry Division.  He served in one campaign and departed Vietnam on 26 April 1971.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 26 April 1971 as an overseas returnee.  He had served 1 year, 8 months and 22 days of active service.  His amended DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Bronze Star Medal and Purple Heart.

4.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  Additionally, his records show that he qualified expert with the M16 rifle.

5.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

6.  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 applicant’s unit was cited for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member participates and in this case is worn on the Vietnam Service Medal.


 

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 5 August 1969 through 26 April 1971.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

2.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show that unit award.

3.  The applicant served in one campaign in Vietnam and is entitled to wear one bronze service star on his already-awarded Vietnam Service Medal and to have it added to his DD Form 214.

4.  The applicant also qualified expert with the M16 rifle and is entitled to have that badge added to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the Vietnam Service Medal from item 24 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 5 August 1969 through 26 April 1971
* Adding the Vietnam Service Medal with one bronze service star, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Badge with Rifle Bar to item 24 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20140021398





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ABCMR Record of Proceedings (cont)                                         AR20140021398



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