AR20140000066

IN THE CASE OF:

BOARD DATE: 19 August 2014

DOCKET NUMBER: AR20140000066

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards.

2. The applicant states that he was advised by the Department of Veterans Affairs (VA) to update his records to reflect his awards.

3. The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 on 24 February 1964. He completed his training and was assigned to the 124th Transportation Company (Terminal Service) at Fort Eustis, Virginia for duty as a stevedore.

3. On 10 November 1965, he was transferred to Vietnam with his unit (124th Transportation Company). He served in two campaigns and departed Vietnam on 8 February 1966. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 9 February 1966 as an overseas returnee. He had served 1 year, 11 months, and 16 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal and his marksmanship badges.

4. A review of his official records show that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

6. Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

8. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendixB will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1. After carefully examining the applicant’s record of service, it appears the applicant should have received the AGCM (1st Award) for his service from
24 February 1964 through 9 February 1966. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM (1st Award) and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

2. The applicant served in two campaigns and thus is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

3. The applicant also served during a qualifying period for award of the National Defense Service Medal and is entitled to have this award added to his DD Form 214.

4. Additionally, the applicant’s unit was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with his unit in Vietnam. Accordingly, he is entitled to have these awards added to his DD Form 214 at this time.

BOARD VOTE:

____X____ ___X_____ ___X_____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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 AGCM (1st Award) for the period 24 February 1964 through 9 February 1966

* Adding the AGCM (1st Award), National Defense Service Medal, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear with his Vietnam Service Medal to his
DD Form 214

_______ _ _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.
ABCMR Record of Proceedings (cont) AR20140000066

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ABCMR Record of Proceedings (cont) AR20140000066

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