IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004231 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) by adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards he is authorized. 2. The applicant states these awards were omitted from his DD Form 214 at the time of his separation. 3. The applicant provides no additional evidence. 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. 2. The applicant enlisted in the Regular Army on 18 April 1969. He held military occupation specialty 63C (general vehicle mechanic). 3. He served in Vietnam from 18 January through 6 December 1970. He was assigned to the 136th Light Equipment Maintenance Company. 4. He was promoted to the rank/pay grade of specialist five (SP5)/E-5 on 4 June 1971. 5. He was honorably released from active duty on 13 December 1971, for the purpose of joining an Army National Guard (ARNG) unit. He was credited with completing 2 years, 7 months, and 20 days of net active service and 6 days of time lost. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) 6. His DA Form 20 (Enlisted Qualification Record) shows: * item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service and no evidence that he was the subject of disciplinary action * item 41 (Awards and Decorations) lists all the awards as shown on his DD Form 214 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration Term of Service) – 6 days of time lost from 13 to 18 January 1971 due to being absent without leave (AWOL) 7. He enlisted in the Oregon ARNG on 12 February 1972. Special Orders (SO) Number 27, issued by Headquarters, 1249th Engineer Battalion (Combat), Oregon Army National Guard (ARNG) on 12 July 1972, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). He was honorably discharged from the ARNG on 11 February 1973. 8. References: a. 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 service entirely during the period 7 December 1941 through 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-marital. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. b. Army Regulation 600-8-22 (Military Award) states a bronze service star is worn on the appropriate service ribbon to include the Vietnam Service Medal for each credited campaign. Credited campaigns during the applicant’s service were: * Vietnam Winter - Spring 1970 - 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive - 1 May - 30 June 1970 * Vietnamese Counteroffensive Phase VII - l July 1970 - 30 June 1971 c. 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 the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 January to 31 December 1970 by Department of the Army General Order Number (DAGO) 43, dated 1972. e. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. f. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty DISCUSSION AND CONCLUSIONS: 1. Notwithstanding the accrual of 6 days of time lost, the applicant enlisted for and completed 2 years, 7 months, and 20 days of honorable service, received "excellent" conduct and efficiency ratings during his period of active duty, served in Vietnam, and he attained the rank of pay grade E-5. There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. Therefore, it appears he is qualified for award of the Army Good Conduct Medal (1st Award) for his period of service from 18 April 1969 through 13 December 1971 and its addition to his DD Form 214. 2. He served in Vietnam during three campaigns; therefore, he meets the criteria to have three bronze service stars added to his already-awarded Vietnam Service Medal and correction to his DD Form 214. 3. GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. These awards should be added to his DD Form 214. 4. Concerning his marksmanship qualification badge there are no orders in his record during his period of active duty service showing he was awarded marksmanship qualification badges. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) after his separation from active duty and while a member of the ARNG. As he received this badge after his separation from active duty, there is no regulatory requirement that requires its inclusion on his active duty DD Form 214. 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 April 1969 through 13 December 1971 * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 correcting his DD Form 214 to show his marksmanship qualification badge. _______ _ _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) AR20150004231 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004231 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1