BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100023076 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with 2 or 3 bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Any and all other decorations he earned as a result of his service in Vietnam with Company B, 36th Signal Battalion

2.  The applicant states the awards were left off his DD Form 214 upon his release from active duty.

3.  The applicant provides:

* a DD Form 214 for the period ending on 24 November 1964
* a DD Form 214 for the period ending on 16 January 1971
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 28 May 2010
* a DA Form 20 (Enlisted Qualification Record)

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 requested that the Vietnam Campaign Medal be added to his DD Form 214 for the period ending 6 January 1971.  His DD Form 214 for this period currently shows he was awarded the Vietnam Campaign Medal with Device (1960) which is the same award by its proper name.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army (RA) for a period of 3 years on
18 October 1963.  He initially held military occupational specialty (MOS) 293.10 (later renamed as 31M) (Radio Relay and Carrier Operator).  He was also awarded MOS 76Y (Supply Specialist) at a later date.

4.  He served in Hawaii from 25 March 1964 to 24 November 1965.  While in Hawaii, he was honorably discharged on 24 November 1964 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He executed a 6-year reenlistment in the RA on 25 November 1964.  He served in Vietnam with Company B, 36th Signal Battalion, from 9 November 1966 to 2 November 1967.

6.  On 27 May 1965, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 25 to 26 May 1965.

7.  On 19 June 1965, he departed his unit in an AWOL status.  He returned to military control on 1 July 1965.  While AWOL, he was admitted to a hospital for poisoning following ingestion of 25 tablets of aspirin.  An investigation determined his action was "Not in Line of Duty - Due to Own Misconduct."

8.  On 14 July 1965, he was convicted by a special court-martial for one specification of being AWOL from 19 to 30 June 1965.  He was sentenced to a reduction to the lowest enlisted grade, confinement at hard labor for 6 months, and a forfeiture of $55.00 pay per months for 6 months.  On the same date, the convening authority approved the sentence but suspended the confinement for
6 months.

9.  Headquarters, 426th Signal Battalion, Fort Bragg, NC, published the following orders:

* Special Orders Number 46, dated 19 March 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 78, dated 18 May 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  On 22 October 1970, Headquarters, 35th Signal Group, Fort Bragg, published General Orders Number 54 awarding him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 15 July 1965 through 14 July 1968.

11.  He was honorably discharged on 16 January 1971 in the rank/grade of staff sergeant (SSG)/E-6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period of service shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* Army Good Conduct Medal

12.  His records do not contain official orders awarding him a second award of the Army Good Conduct Medal.

13. 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 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.  Although there 

is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 

14.  Army Regulation 600-8-22 also states that while any record of NJP could be in conflict with recognizing the Soldier’s service as exemplary, such record should not be viewed as automatically disqualifying.  The commander analyzes the record, giving consideration to the nature of the infraction, the circumstances under which it occurred, and when.  Conviction by courts-martial terminates a period of qualifying service; a new period begins the following day after completion of the sentence imposed by the court-martial 

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company B, 36th Signal Battalion, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 30 April 1967 through 31 August 1968 by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal:

	a.  He entered active duty on 18 October 1963 and he would have qualified for his first award of the Army Good Conduct on 17 October 1966 (3 years); however, he was convicted by a court-martial on 14 July 1965 which terminated his period of qualifying service.  Therefore, a new qualifying period of service should have begun on 15 January 1966, upon the completion of his sentence.

	b.  He was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior from 15 July 1965 (day after his court-martial) through        14 July 1968 (3 years).  This award is properly shown on his DD Form 214 for the period ending 16 January 1971.

	c.  His qualifying period for his second award began on 15 July 1968 and would have required him to serve 3 years through 14 July 1971.  However, he was discharged on 16 January 1971, nearly 6/12 months earlier than a qualifying period for an additional Army Good Conduct Medal.  Therefore, he did not meet the 3-year criteria for the issuance of a second award of the Army Good Conduct Medal.

2.  With respect to the bronze service stars for wear on his already-awarded Vietnam Service Medal, the evidence of record shows he participated in two campaigns phases while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show theses bronze service stars.

3.  With respect to M-14 and M-16 marksmanship badges, special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214 for the period ending 16 January 1971; therefore, his DD Form 214 should be corrected to show these marksmanship badges.

4.  With respect to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, evidence shows that during his period of assignment in Vietnam, his unit was cited for this award only.  Therefore, his DD Form 214 for the period ending 16 January 1971 should be corrected to show this unit award and no others.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:


	a.  deleting from item 24 of his DD Form 214 for the period ending 16 January 1971 the Vietnam Service Medal:

	b.  adding to item 24 of his DD form 214 for the period ending 16 January 1971 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a second Army Good Conduct Medal and the addition of any other unit awards for his service in Vietnam.



      _________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)                                         AR20100023076



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ABCMR Record of Proceedings (cont)                                         AR20100023076



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