ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  31 May 2019

	DOCKET NUMBER:  AR20170004904


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards or decorations.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter – Vietnam War Statistics (Official Campaigns of the War in Vietnam)
* Center of Military History (Lineage and Honors Information), 64th Transportation Company
* Linage and Honors Unit History 64th Quartermaster Battalion, 556th Transportation Company

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he should have been awarded the following awards, Presidential Unit Citation, Meritorious Unit Citation, and the Army Good Conduct Medal.  He also requests all other decorations awarded or authorized during his period of service.  He states he was on active duty from 28 May 1965 to 10 June 1969 while serving in the 527th and 556thTransportation Company.

3.  The applicant’s service records shows:

	a.  He enlisted in the Regular Army (RA) on 28 May 1965.

	b.  He served in Germany from 28 October 1965 to 10 September 1967.  He did not receive normal tour completion credit.

	c.  He was honorably discharged on 18 September 1966 for immediate reenlistment.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 3 months, and 21 days of active service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	d.  He reenlisted in the RA on 19 September 1966.

	e.  He served in Vietnam from 17 October 1967 to 22 May 1969, through 6 campaigns.  He was assigned as follows: 

* 556th Transportation Company, 20 October 1967 to 11 November 1968
* 574th Supply and Services Company, 12 November 1968 to 22 May 1969  

	g.  On 10 June 1969, he was honorably released from active duty as a specialist five/E-5.  His DD Form 214 shows he completed 2 years, 8 months, and 22 days of active service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

	f.  The applicant’s record is void of documentation awarding him the Army Good Conduct Medal.  He meets the criteria for this award in that: 

* he received good or excellent conduct and efficiency ratings during his periods of active service
* he served honorably and without disciplinary action for 2 years, 8 months, and 22 days, with no days of lost time
* there is no record of a court-martial in his service record

4.  Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

	a.  Neither the 556th Transportation Company nor the 574th Supply and Services Company are listed as recipients of the Presidential Unit Citation. 

	b.  Department of the Army General Order (DAGO) Number 28, dated 1969 awarded the 556th Transportation Company the Meritorious Unit Commendation for the period of 12 May 1966 to 31 August 1968.
	h.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

5.  By regulation (AR 600-8-22 (Military Awards)), a 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.

6.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant was eligible and should be awarded the Army Good Conduct Medal.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Army Good Conduct Medal.
2.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes also be completed to more accurately depict the military service of the applicant.
	 
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he is authorized awards and decorations not listed on his DD Form 214.  As a result, correct his DD Form 214 by 

* deleting the Vietnam Service Medal and adding the Vietnam Service Medal with one silver and one bronze service stars 
* adding the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation


REFERENCES:
1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 600-8-22 (Military Awards) states:

   a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:

* each 3 years 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
* for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* for first award only, for those individuals who died before completing 1 year of active Federal service if the death occurred in the line of duty

	b.  Service stars are worn on campaign and service medals to denote participation in a named campaign and on the service ribbons to denote an additional award.

3.  AR 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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.
4.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973; and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show the 527th Transportation Company or the 556th Transportation Company as recipients of the Presidential Unit Citation.

   a.  The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

   b.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.


ABCMR Record of Proceedings (cont)	 AR20170004904


4


1