IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150004251 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 the: * Joint Service Commendation Medal * Meritorious Unit Commendation * Army Good Conduct Medal 2. The applicant states he was discharged under the early separation program. He cleared his unit and installation for return to the continental United States within 2 days of notification that he was eligible for separation. 3. The applicant provides: * DD Form 214 * Headquarters, 525th Military Intelligence Group, Special Orders Number 319, dated 15 November 1967 * Headquarters, 525th Military Intelligence Group, Special Orders Number 263, dated 19 September 1968 * extract of U.S. Army Personnel Center Special Orders Number 308, dated 2 November 1968 * Joint Service Commendation Medal Certificate * Headquarters, U.S. Military Assistance Command, General Orders Number 3636, dated 26 October 1968 * Executive Order 8809, dated 28 June 1941 * DA Form 137 (Installation Clearance Record) * 519th Military Intelligence Battalion Lineage 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 4 March 1966. 3. Headquarters, Fort Polk, Special Order Number 105, dated 22 April 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. On 2 May 1967, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for violating military curfew and possessing a pass for over a week. 5. He served in Vietnam from 8 November 1967 to on or about 31 October 1968 and he participated in four campaigns. While serving in Vietnam, he was assigned to Company A, 519th Military Intelligence Battalion. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignment ) – all "excellent" conduct and efficiency ratings * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Joint Service Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. Headquarters, U.S. Military Assistance Command, General Orders Number 3636, dated 26 October 1968, awarded him the Joint Service Commendation Medal. 8. On 2 November 1968, he was honorably released from active duty by reason of early separation of overseas returnee. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 9. His records are void of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal for his honorable service from 4 March 1966 through 2 November 1968. 10. 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 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 12. 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 Company A, 519th Military Intelligence Battalion, was awarded the Meritorious Unit Commendation for the period 1 January 1968 through 25 September 1969 by Department of the Army General Orders Number 51, dated 1971. 13. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. He was awarded the Joint Service Commendation Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 should be corrected to show these awards. 2. He was awarded the Vietnam Service Medal and he participated in four campaigns. His DD Form 214 should be corrected to show award of the Vietnam Service Medal with four bronze service stars. 3. He served honorably during the period 4 March 1966 through 2 November 1968. He received all "excellent" conduct and efficiency ratings and his records do not contain a commander's disqualification statement. It would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award. 4. Company A, 519th Military Intelligence Battalion, was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be corrected to show these 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: a.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 March 1966 through 2 November 1968, b.  deleting the Vietnam Service Medal from his DD Form 214, and c.  adding the following awards to his DD Form 214: * Joint Service Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Campaign Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _____________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) AR20150004251 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004251 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1