IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140010887 


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 Army Commendation Medal, Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he received the awards, but they were never entered on his DD Form 214.

3.  The applicant provides:

* a self-authored statement
* General Orders Number 207
* DD Form 214
* Page 54, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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                    4 September 1969.  Evidence further shows he served in the Republic of Vietnam from 2 June 1970 to 29 April 1971 with the 160th Engineer Detachment.

3.  His records contain Special Orders Number 159, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, dated 28 October 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  The applicant provides and his record contains General Orders Number 207, issued by Headquarters, U.S. Army Engineer Command, Vietnam, dated 23 April  1971, which show he was awarded the Army Commendation Medal. 

5.  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.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 29 April 1971, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal 
* Vietnam Service Medal 
    
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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII 

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to the 160th Engineer Detachment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 31 March to       30 June 1970, by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably during the period 4 September 1969 through 29 April 1971.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period                4 September 1969 through 29 April 1971 and to correct his DD Form 214 to show this medal.

4.  The evidence revealed the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

5.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.

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 his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 September 1969 through 29 April 1971; and
   
   c.  adding the following to his DD Form 214:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20140010887





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ABCMR Record of Proceedings (cont)                                         AR20140010887



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