IN THE CASE OF:  	  

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150004536 


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 Good Conduct Medal.

2.  The applicant states he was awarded the Army Good Conduct Medal at Fort Belvoir, VA on date of discharge as an enlisted Soldier.

3.  The applicant provides his DD Form 214 and an Army Commendation Medal set (not an Army Good Conduct Medal set as he contends).

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 service records show he enlisted in the Regular Army on 20 October 1966 and he held military occupational specialty 12B (Combat Engineer). 
3.  General Orders (GO) Number 94, issued by Headquarters, U.S. Army Engineer Officer Candidate Regiment, Fort Belvoir on 16 October 1967, awarded him the Army Good Conduct Medal (1st Award) for service from 20 October 1966 through 19 October 1967.

4.  He was honorably discharged on 19 October 1967 to accept a commission.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty on 20 October 1967.  He served in Vietnam with the 27th Engineer Battalion from 25 August 1968 to 21 August 1969. 

6.  Item 23 (Qualification in Arms) of his DA Form 66 (Officer Qualification Record) shows he qualified marksman with the pistol (45 Caliber) on 3 November 1969 and expert with the M-14 rifle on 9 September 1969. 

7.  He was honorably released from active duty on 9 September 1973.  His DD Form 214 shows he was awarded or authorized the: 

* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 overseas service bars
* Bronze Star Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Meritorious Unit Commendation (1st Oak Leaf Cluster)

8.  Army Regulation 600-8-22 states: 

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and to a date to be determined. 


	b.  Appendix B shows that during his service in Vietnam from 25 August 1967 to 21 August 1968, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive Phase V (1 July-1 November 1968
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69/Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June-31 October 1969

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 27th Engineer Battalion from 25 August 1967 to 21 August 1968, in Vietnam, this unit was cited for the following awards:

* Meritorious Unit Commendation, for service from 1 April 1967 to 31 March 1968, by Department of the Army General Orders (DAGO) Number 38, dated 1970, and for service from 1 July 1968 to 28 February 1969, by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 9 August 1967 to 18 April 1968 by DAGO Number 43, dated 1970

10.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Good Conduct Medal (1st Award) for service from 20 October 1966 through 19 October 1967.  This award is not listed on his DD Form 214 ending on 9 September 1973. 

2.  He served a qualifying period of service and was previously awarded the National Defense Service Medal.  This award is also not listed on his DD Form 214 ending on 9 September 1973. 

3.  He qualified marksman with the pistol (.45 Caliber) on 3 November 1969 and expert with the M-14 rifle on 9 September 1969.  He meets the criteria for award of the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment.  Neither unit award is listed on his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  He meets the criteria for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.
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 deleting from his DD Form 214 ending on 9 September 1973 the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with four bronze service stars



      __________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)                                         AR20150004536





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ABCMR Record of Proceedings (cont)                                         AR20150004536



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