IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150002761 


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 all of his authorized awards.

2.  The applicant states he would like his DD Form 214 updated to list all missing awards he may be authorized.

3.  The applicant provides his DD Form 214 for the period ending 24 July 1966.

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's military records show:

	a.  He enlisted in the Regular Army on 29 July 1963 for a period of three years.

	b.  He held military occupational specialty 11B (Light Weapons Infantryman).

	c.  He was assigned to Company A, 1st Battalion (Mechanized), 15th Infantry, in Hawaii on 5 December 1963.  He permanently changed stations with this unit and was assigned to the Republic of Vietnam (RVN) 19 January 1966.  While in the RVN he was wounded on 17 March 1966.

	d.  On 23 July 1966 the applicant returned to the continental United States from the RVN.  

   e.  He was honorably released from active duty on 24 July 1966 in the rank/pay grade of specialist four (SP4)/E-4.

3.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge

4.  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.

5.  Special Orders Number 272, issued by Headquarters, 25th Infantry Division, Hawaii, dated 15 November 1964, show he qualified as an expert with the M-14 Rifle. 

6.  Special Orders Number 276, issued by the same organization listed above, dated 10 November 1964, show he qualified as a 2nd Class Gunner (now called Marksman) with the M-60 Machine Gun.

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


8.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  A bronze service star is authorized with Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive and Vietnam Counteroffensive, Phase II.

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 1st Battalion, 5th Infantry was awarded the: 

	a.  Valorous Unit Award, for the period January to April 1966 by Department of the Army General Orders (DAGO) Number 2, dated 1967.

	b.  RVN Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by DAGO Number 48, dated 1971.

	c.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 January 1966 to 21 January 1970 by on DAGO Number 9, dated 1979 (amended by DAGO 51, dated 1971).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports his request for correction of his DD Form 214 to show his missing awards.

2.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  These badges are not listed on his DD Form 214.
3.  The Vietnam Service Medal is currently listed on his DD Form 214 and he participated in two campaigns while serving in the RVN.  The authorized bronze service stars are not listed on his DD Form 214.

4.  He also served a period of qualifying service for award of the RVN Campaign Medal with Device (1960).

5.  General orders awarded his RVN unit the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  

6.  His records are void of any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his records 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
29 July 1963 through 24 July 1966; and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* two bronze service stars for wear on his previously awarded Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   _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)                                         AR20150002761



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ABCMR Record of Proceedings (cont)                                         AR20150002761



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