IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150001511 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all the awards he is entitled to. 

2.  The applicant states he was at a Veterans of Foreign Wars (VFW) convention and he was asked if he received all his medals.  He filled out a request and he was sent the Vietnam Service Medal 	and a single bronze service star.  He doesn’t think his paperwork got into the right hands.

3.  The applicant provides his DD Form 214 and the second page of a letter. From TACOM ILSC (Tank-Automotive and Armament Command integrated logistics support center) Listing the awards shipped to him

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 10 September 1969 and he held military occupational specialty 52B (Power Generator Equipment Operator/Mechanic).  He served in Vietnam from 25 June 1970 to 27 May 1971 while assigned to Company D, 1st Battalion, 82nd Artillery Regiment. 

3.  He was honorably released from active duty on 28 May 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 8 months, and 19 days of creditable active service with no lost time.

4.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2 overseas service bars
* Vietnam Service Medal
* Vietnam Campaign 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 except for the period from 26 November 1969 to 3 February 1970 when he was in advanced individual training (AIT) and received "unknown" ratings.

6.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  "Unknown" ratings did not disqualify an individual from receiving the Army Good Conduct Medal.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his record shows that during his service in Vietnam he participated in two campaigns. 

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 1st Battalion, 82nd Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served honorably from 10 September 1969 through 28 May 1971.  He served in Vietnam and received all "excellent" conduct and efficiency ratings except for the period of time when he was in AIT and received an "unknown" rating.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

2.  His record confirms he participated in two campaigns during his service in Vietnam.  Therefore, he is authorized 2 bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly.

3.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit awards

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 10 September 1969 through 28 May 1971
* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 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)                                         AR20150001511





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ABCMR Record of Proceedings (cont)                                         AR20150001511



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