BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003092 


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 add the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation

2.  The applicant states the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, Valorous Unit Award, and Meritorious Unit Commendation were all authorized under various Department of the Army General Orders (DAGO) and are missing from his DD Form 214.  

3.  The applicant provides 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 into the Army of the United States on 4 October 1966.  He held military occupational specialty 67U (Helicopter Repairman) and attained the rank/grade of specialist four (SP4)/E-4.

3.  Special Orders Number 260, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC on 29 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 167, issued by U.S. Army Transportation School, Fort Eustis, VA on 28 August 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Items 31 (Foreign Service), he served in the Republic of Vietnam from      4 October 1967 to 26 September 1968;

	b.  Item 38 (Record of Assignments), during his service in the Republic of Vietnam he was assigned to:

* Headquarters and Headquarters Company, 228th Aviation Battalion, 11th Aviation Group, from 8 October 1967 to 13 January 1968
* Company A, 228th Aviation Battalion, 11th Aviation Group, from        14 January 1968 to 25 September 1968

   c.  Item 38 he received all ?excellent? conduct and efficiency ratings throughout his service.

	d.  Item 41 (Awards and Decorations), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, Valorous Unit Award, or the Meritorious Unit Commendation were not listed as authorized unit awards.

6.  He was honorably released from active duty on 27 September 1968.  His 
DD Form 214 shows he completed 1 year, 11 months, and 24 days of net active service, of which 11 months and 24 days were credited as foreign service.  Additionally, his DD Form 214 shows he was awarded or authorized the:

* Army Commendation Medal 
* National Defense Service Medal 
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 overseas service bars

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states a bronze service star is authorized with the 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 following four campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

8.  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.  This pamphlet shows that during the period in which the applicant was assigned:

	a.  The 228th Aviation Battalion was cited for award of the:

		(1)  Meritorious Unit Commendation, for the periods 1 April 1967 to         30 November 1967, by DAGO Number 73, dated 1968;

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 9 August 1965 to 19 May 1969, by DAGO Number 59, dated 1969;

	b.  Company A, 228th Aviation Battalion was cited for award of the Valorous Unit Award, for the period 1–31 October 1967, by DAGO Number 39, dated 1970.

9.  A review of his service records shows he had "excellent" conduct and efficiency ratings.  His record is void of documentation that shows he was awarded the Army Good Conduct Medal; however, it is also void of documentation that shows he was subject to any disciplinary actions during his period of service, including court-martial convictions.

10.  Army Regulation 672-5-1 (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 more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); however, these marksmanship badges were not listed on his DD Form 214.

2.  The evidence of record shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  However, while his DD Form 214 shows he is authorized the Vietnam Service Medal, it does not show four bronze service stars affixed to this award to indicate his campaign participation.  

3.  The evidence of record shows the applicant was assigned to Headquarters and Headquarters Company, 228th Aviation Battalion, from 8 October 1967 to
13 January 1968, and to Company A, 228th Aviation Battalion, from 14 January 1968 to 25 September 1968.  During the periods in which the applicant was assigned, these units were cited accordingly:

	a.  The 228th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 to 19 May 1969, by DAGO Number 59, dated 1969.

	b.  The 228th Aviation Battalion was cited for award of the Meritorious Unit Commendation, for the period 1 April 1967 to 30 November 1967, by DAGO Number 73, dated 1968.

	c.  There is no evidence that shows either the 228th Aviation Battalion or Company A, 228th Aviation Battalion was authorized the Presidential Unit Citation or Valorous Unit Award during the period in which the applicant was assigned.

4.  The applicant served honorably during the period 4 October 1966 to             27 September 1968.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X__  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 partial 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 
4 October 1966 to 27 September 1968; 

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Presidential Unit Citation and Valorous Unit Award to his DD Form 214.  




      __________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)                                         AR20150003092





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ABCMR Record of Proceedings (cont)                                         AR20150003092



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