IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150011584 BOARD VOTE: ____X_____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150011584 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 awarding him the Army Good Conduct Medal for exemplary service during the period 28 November 1966 through 1 September 1969 and amending his DD Form 214 to show the following awards: * Army Good Conduct Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal _____________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. IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150011584 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 his bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and all other awards to which he may be authorized. 2. The applicant states his DD Form 214 should be corrected "to set the record straight." 3. The applicant provides Air Force Personnel Center – Fact Sheet. 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 (RA) for 3 years on 28 November 1966. He completed training as a helicopter mechanic. 3. On 1 September 1967, Special Orders Number 138 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 4. He arrived in Vietnam on 25 January 1968 and he was assigned to the 20th Transportation Company (ADS). He participated in the seven campaigns. 6. The applicant departed Vietnam en-route to the United States on 25 August 1969. He was released from active duty on 1 September 1969. His DD Form 214 shows the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Aircraft Crewman Badge 7. The applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent while he was in the Army. There are no court-martial convictions in his record and no evidence of any disciplinary actions that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) statesa bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. 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 November 1967 to 31 October 1968 by Department of the Army General Order (DAGO) Number 39, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971. 3. 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 first award only, 1 year served entirely during the period 7 December 1941 to 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-martial. DISCUSSION: 1. The available evidence shows that he is authorized one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 2. The applicant meets the criteria for award of the Army Good Conduct Medal for exemplary service during the period 28 November 1966 through 1 September 1969. 3. He is also authorized the Meritorious Unit Commendation; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011584 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011584 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2