BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001479 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001479 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 16 February 1973; b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1969 to 28 April 1972; and c. amending his DD Form 214 for the period ending 16 February 1973 to add the Bronze Star Medal, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross Unit Citation, and Army Good Conduct Medal (1st Award). 2. The Board further determined 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 changing his military occupational specialty to 67G2F (Airplane Repairman). ____________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. BOARD DATE: 6 July 2017 DOCKET NUMBER: AR20160001479 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) for the period ending 16 February 1973 to show award of the Bronze Star Medal and military occupational specialty (MOS) of 67G2F (Utility Airplane Repairer – Flight Status). 2. The applicant states his MOS should be 67G2F and the Bronze Star Medal is not recorded on his DD Form 214. 3. The applicant provides a Bronze Star Medal Certificate and page 3 of his DA Form 20 (Enlisted Qualification Record). 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 29 April 1969 and was honorably discharged on 16 February 1970 for immediate reenlistment. The DD Form 214 issued for this period shows the National Defense Service Medal as the only authorized award. 3.  He reenlisted on 17 February 1970. 4.  His service record contains Special Orders Number 10 published on 3 June 1970 awarding him primary MOS 64A1O (Light Vehicle Driver) effective 3 June 1970. 5.  His service records contain Specialist Orders Number published on 22 January 1971 promoting him to specialist five (SP5)/E-5 in MOS 67G2O effective 22 January 1971. 6.  His DA Form 20 shows the following information: a.  item 22 (MOSs), he was awarded primary MOS 64A (Light Vehicle Driver) on 3 June 1970 and secondary MOS 67G2O on 22 January 1971; b.  item 31 (Foreign Service), he served in Vietnam from 11 April 1971 to 16 February 1972; c.  item 38 (Record of Assignments), he was assigned to the 142nd Transportation Company from 15 April to 1 December 1971 while performing duties in MOS 67G2O as a senior repairman in Vietnam. He was reassigned to Headquarters Company, 34th General Support Group from 2 December 1971 to 16 February 1972 while performing duties in MOS 67G2F as a crew chief in Vietnam; d.  item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings; and e.  item 41 (Awards and Decorations), entries for award of the National Defense Service Medal, Vietnam Service Medal, overseas service bar, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 7.  His service records contain General Orders Number 121 published on 6 April 1972 awarding him the Bronze Star Medal for meritorious service from 11 April 1971 on 9 February 1972. 8.  He was honorably released from active duty on 16 February 1973 in the rank of SP5 and transferred him to the U.S. Army Reserve Control Group (Standby). He completed 3 years of active service with no lost time. 9.  His service records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal. 10.  His DD Form 214 for the period ending 16 February 1973 shows the following information: a. item 23a (Specialty Number and Title), the entry "64A1O Lt Veh Driver 3 Jun 70"; and b. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with two bronze service stars, and one overseas service bar. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Table B-1 shows that during his service in Vietnam, he participated in the following campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) * Consolidation I (1 July-30 November 1971) * Consolidation II (1 December 1971-29 March 1972) 2. 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 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. 3. 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 units to which the applicant was assigned were cited as follows: a. Meritorious Unit Commendation for the period 1 February 1970 to 31 July 1971 in Department of the Army General Orders (DAGO) Number 5, dated 1973, and for the period 1 August 1971 to 15 September 1972 in DAGO Number 32, dated 1973; b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January to 31 December 1971 in DAGO Number 32, dated 1973; and c. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January to 31 December 1971 in DAGO Number 32, dated 1973. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active service. It established standardized policy for preparation of the DD Form 214. The instructions in effect at the time stated: a. item 23a, enter the primary MOS code number and title; and b. item24, enter decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. DISCUSSION: 1. General orders awarded the applicant the Bronze Star Medal. His DD Form 214 for the period ending 16 February 1973 does not reflect this award. 2. His DD Form 214 for the period ending 16 February 1973 currently reflects the award of Vietnam Service Medal with two bronze service stars. However, he participated in three campaigns and is authorized three bronze service stars. 3. His unit in Vietnam was cited for award of the Meritorious Unit Commendation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 for the period ending 16 February 1973 does not reflect these unit awards. 4. His service records show he served on continuous active duty from 29 April 1969 through 16 February 1973. His service records do not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 29 April 1969 through 28 April 1972. He was promoted to SP5/E-5 and he received all "excellent" conduct and efficiency ratings throughout his service. He met the eligibility for award of the Army Good Conduct Medal (1st Award) for the period 29 April 1969 through 28 April 1972. 5. His service records include orders that show he was awarded primary MOS 64A1O. The evidence of record shows he was later awarded secondary MOS 67G2O. Based on the regulation then in effect, only the primary MOS was authorized for entry in item 23a of the DD Form 214. His MOS 64A1O was properly entered in item 23a of his DD Form 214 for the period ending 16 February 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001479 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001479 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2