BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001583 


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 award of the Army Good Conduct Medal.

2.  He states that he served two tours in Vietnam.  When he was on his second tour, he received a telegram advising him that his grandfather had died.  The military processed an emergency ETS (expiration of term of service) release for him.  He was not awarded the Army Good Conduct Medal.

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge).

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 he enlisted in the Regular Army, in pay grade E-1, on 9 June 1969, for 3 years.  He completed training and he was awarded military occupational specialty 62B (Heavy Equipment Repairman).  He was promoted to pay grade E-4 on 7 March 1970.

3.  He served in Vietnam from 5 January 1970 through 30 March 1972, during six campaigns.  He was assigned to the Headquarters and Main Support Company, 2nd Maintain Battalion.  

4.  General Orders Number 560 were issued by Headquarters, U.S. Army Support Command, on 28 November 1970, awarding him the Army Commendation Medal for meritorious service in connection with ground operations against a hostile force in Vietnam from January to November 1970.

5.  On 8 February 1972, an emergency permanent change of station leave was approved for him due to the death of his grandfather.

6.  He was honorably released from active duty in pay grade E-4 on 9 February 1972, as an overseas returnee, and was transferred to the U.S. Army Reserve.  He was credited with completing 2 years, 8 months, and 13 days of net service and no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One overseas service bBar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  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 the first 


award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  A silver star denotes five bronze service stars.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  There is no evidence of record which shows he was disqualified by his commander for this award.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 9 June 1969 through 9 February 1972 and correction of his DD Form 214 to show this award.

2.  The evidence of record also shows he was awarded the Army Commendation Medal for his meritorious service in Vietnam.  He is therefore also entitled to correction to his DD Form 214 to show this award.

3.  The evidence of record confirms he participated in six campaigns while serving in Vietnam.  Therefore, he is entitled to one silver and one bronze service star for wear on his Vietnam Service Medal.

4.  General orders awarded him the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his period of service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

5.  In view of the foregoing, his records should be corrected as recommended below.





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 the applicant the Army Good Conduct Medal (1st Award) for the period 9 June 1969 through 9 February 1972; 

	b.  deleting the Vietnam Service Medal from Item 24 of his DD Form 214; 

	c.  adding the following awards to Item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with one silver and one bronze service star
* 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)                                         AR20110001583





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ABCMR Record of Proceedings (cont)                                         AR20110001583



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