IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100025871
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 all medals, awards, ribbons, and citations he is entitled to receive for his military service.
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show any medals for his service in Vietnam.
3. The applicant provides 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 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's military records show that he was inducted into the Army of the United States on 8 December 1970, was awarded the military occupational specialty of pay distribution specialist, served in Vietnam from 17 July 1971 to 24 June 1972, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 8 September 1972. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The applicant's DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency was always rated as "excellent." There is no evidence of any disciplinary action being taken against the applicant.
4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal which coincide with the applicant's service in Vietnam. Those periods are: Consolidation I (1 July 1971 to 30 November 1971), Consolidation II (1 December 1971 to 29 March 1972), and Vietnam Cease-Fire (30 March 1972 to 28 January 1973).
5. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the U.S. Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
7. Army Regulation 600-8-22 also provides that the Republic of Vietnam Campaign Medal with Device (1960) was awarded to individuals who served in Vietnam for at least 6 months during the period 1 March 1961 to 28 March 1973, inclusive.
8. Army Regulation 600-8-22 provides that 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than "excellent" was disqualifying. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant served in Vietnam, he is entitled to the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. Since the applicant's conduct and efficiency were always rated as "excellent" and there is no record of any disciplinary action being taken against him, it would appear that his not being awarded the Army Good Conduct Medal was an administrative oversight. It would be appropriate to now award him the Army Good Conduct Medal and to add that award 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 the evidence presented is 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. awarding him the Army Good Conduct Medal (1st Award) for the period 8 December 1970 to 8 September 1972 and
b. amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of
Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm 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) AR20100025871
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ABCMR Record of Proceedings (cont) AR20100025871
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