ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  25 April 2019

	DOCKET NUMBER:  AR20180013944


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to:

* show his last duty assignment as Studies and Observation Group "SOG" instead of "SDG"
* add the Joint Services Commendation Medal (2nd Award) and Presidential Unit Citation

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Joint Service Commendation Medal Certificates
* Presidential Unit Citation Criteria
* Email

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's Presidential Unit Citation and Joint Service Commendation Medal (2nd Award) requests are supported by sufficient evidence; therefore, they will be administratively corrected and not considered by the Board.  The Board will consider his remaining request.

3.  The applicant enlisted in the Regular Army on 28 March 1966.  

4.   His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) - he served in Vietnam from 3 June 1967 to 30 December 1968
* Item 38 (Record of Assignments) - he was assigned to the SOG, U.S. Military Assistance Command, Vietnam (MACV) from 9 June 1967 to 31 December 1968

5.  Special Orders Number 366, dated 31 December 1968 released him from active duty and transferred him to the U.S. Army Reserve Control Group (Reinforcement), effective date 31 December 1968.  These orders show his last permanent duty station as Headquarters, MACV.

6.  His DD Form 214 shows the entry "HQ MAC (SDG) USARPAC" in item 12 (Last Duty Assignment and Major Command).  

7.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  Item 12 (Last duty assignment and major command) states for other personnel not reassigned to a transfer activity or medical holding detachment prior to separation, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.  His records show he was assigned to the SOG, MACV at the time of his separation on 31 December 1968. 

BOARD DISCUSSION:

1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The records contain sufficient evidence to add the Presidential Unit Citation and Joint Service Commendation Medal (2nd Award) to his DD Form 214 in addition to the other awards shown in the Administrative Note(s) below.  The Board also determined that there is sufficient evidence to amend his record to show his last duty assignment as SOG, MACV as his last duty assignment/
 
2.  After reviewing the application and all supporting documents, the Board found that relief warranted.

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:

In addition to the ADMINISTRATIVE NOTE(S) annotated below the signature, the Board determined the evidence presented is sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 31 December 1968 to reflect SOG, MACV, USARPAC as his last Duty Assignment and Major Command.




	 
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 additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 31 December 1968 by:

	a.  Awarding him the Army Good Conduct Medal (1st Award) for the period 28 March 1966 to 31 December 1968.

	b.  Deleting the Vietnam Service Medal from his DD Form 214 and adding:

* Presidential Unit Citation - DAGO Number 25, dated 8 June 2001
* Joint Service Commendation Medal (1st Oak Leaf Cluster) - HQ, MACV GO Number 4202, dated 1 December 1968 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one Silver Service Star
* 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 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  Item 12 (Last duty assignment and major command) states for other personnel not reassigned to a transfer activity or medical holding detachment prior to separation, enter the individual's current unit of assignment and the title of the major command or agency having jurisdiction over that organization.

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 and, for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The Soldier must have had all “excellent” conduct and efficiency ratings, and 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.

ABCMR Record of Proceedings (cont)	 AR20180013944
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