IN THE CASE OF:	

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090018982 


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 the Army Good Conduct Medal and Air Medal be added to his 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states he received the award in Vietnam and was not aware he could have his DD Form 214 corrected.

3.  The applicant provides no additional evidence in support of his request.

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 5 September 1969.  He arrived in Vietnam in June 1970 where he was initially assigned to the 1st Battalion, 77th Artillery and in March 1971 was reassigned to the 1st Battalion, 21st Artillery.  He departed Vietnam in May 1971 and served in Germany until he returned to the United States in April 1972 for separation processing.

3.  While in Vietnam orders were issued by the 1st Cavalry Division awarding him an Air Medal for the period June to November 1970.

4.  Item 38 (Record of Assignments) on the applicant’s DA Form 20 (Enlisted Qualification Record) reflect all “excellent” or “unknown” ratings for conduct and efficiency during his period of military service.  His Official Military Personnel File (OMPF) reflects no records of discipline.

5.  On 5 April 1972 the applicant was released from active duty with an honorable characterization of service.  His DD Form 214 reflects the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Three awards of the Army Commendation Medal
* Qualification as an expert with the M-16 rifle and as a marksman with the M-14 rifle

6.  There is no evidence the applicant was awarded the Army Good Conduct Medal although his file does contain an 18 May 1972 statement from the Army’s Adjutant General indicating he was entitled to the Good Conduct Medal for the period 5 September 1969 to 5 April 1972.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the applicant was assigned to the 1st Battalion, 21st Artillery when it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded an Air Medal.  His 1972 
DD Form 214 should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

3.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records should be corrected accordingly.

4.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 5 September 1969 to 5 April 1972 and to have it added to his DD Form 214.

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:

   a.  by awarding him the Army Good Conduct Medal for the period                    5 September 1969 to 5 April 1972; and
   
   b.  adding to his DD Form 214 the Air Medal, three bronze service stars to be worn on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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.



ABCMR Record of Proceedings (cont)                                         AR20090018982





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ABCMR Record of Proceedings (cont)                                         AR20090018982



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