IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20160012382 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: 22 August 2018 DOCKET NUMBER: AR20160012382 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: * awarding him the Army Good Conduct Medal (1st Award) for the period from 27 February 1968 to 26 February 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 Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation __________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: 22 August 2018 DOCKET NUMBER: AR20160012382 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 on 26 February 1971, to show the: * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states he was unaware that his unit was entitled to these awards until recently. 3. The applicant provides Special Orders (SP) Number 78, his 1971 DD Form 214, and excerpts of Department of the Army (DA) Pamphlet 672-3. 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 was inducted into the Army of the United States on 20 February 1968. He was honorably discharged on 26 February 1968, for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 27 February 1968 and he held military occupational specialty 68D (Aircraft Powertrain Repairman). 3. He provides SO Number 78, issued by Headquarters, U.S. Army Material Group No 1 on 6 May 1969, which assigned him to Company A, 1st Transportation Battalion (Aircraft Maintenance Depot, Seaborne), with/station aboard the USNS Corpus Christi Bay. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) – he served in Vietnam from 30 June 1969 to 29 June 1970, during three campaigns * Item 38 (Record of Assignments) – he: * was assigned to Company A, 1st Transportation Battalion, USNS Corpus Christi Bay, Vietnam * received all "excellent" conduct and efficiency ratings throughout his service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award) during his period of service * Item 41 (Awards and Decorations) – the: * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 5. He was honorably released from active duty, in the rank/grade of specialist five/E-5, on 26 February 1971. His DD Form 214 shows he completed 3 years of active service and no time lost. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Army Regulation (AR) 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 2. AR 600-8-22 (Military Awards) prescribes policies and procedures for military awards. The regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The applicant's service in Vietnam coincided with the following campaigns listed in Appendix B of the regulation: * Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969) * Vietnam Winter-Spring (1 November 1969 to 30 April 1970) * DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) 3. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the applicant's unit, Company A, 1st Transportation Battalion, was cited for award of the: * Meritorious Unit Commendation, for the period from 1 November 1968 to 31 January 1970, by DA General Orders (DAGO) Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period from 1 April 1966 to 31 October 1972, by DAGO Number 6, dated 1974 4. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. GO's awarded the applicant's unit the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list these unit awards. 2. He served honorably from 27 February 1968 to 26 February 1971, attaining the rank/grade of SP5/E-5, receiving all "excellent" conduct and efficiency ratings throughout his military service, and serving in Vietnam. His record contains no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal for the period from 27 February 1968 to 26 February 1971. 3. He was awarded the Vietnam Service Medal and he participated in three campaigns during his service in Vietnam. He met the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012382 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012382 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2