BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110003565 


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 correction of his records to show award of the Army Good Conduct Medal.

2. The applicant states he served on active duty from 23 January 1968 to
22 January 1971 and was overlooked for award of the Army Good Conduct Medal at the time of his separation.  He adds there is no adverse information in his records.

3.  The applicant 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 enlisted in the Regular Army on 23 January 1968 for a period of
3 years.  He was awarded military occupational specialty 71H (Personnel Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 10 December 1968 through 6 December 1969;

   b.  item 38 (Record of Assignments) he was assigned to:

       (1)  Headquarters and Headquarters Troop, 11th Armored Cavalry Regiment, from 14 December 1968 through 19 February 1969;

       (2)  Air Cavalry Troop, 11th Armored Cavalry Regiment, from 20 February through 5 December 1969;

	c.  item 39 (Campaigns) the Vietnam Counteroffensive Phase VI, Tet 1969 Counteroffensive, Vietnam Summer-Fall 1969 Offensive, and a 10th (as then) unnamed campaign; and
	
   d.  item 41 (Awards and Decorations) does not list the Good Conduct Medal.

4.  A DD Form 214 shows the applicant entered active duty on 23 January 1968, was honorably released from active duty on 22 January 1971, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 3 years of total active service, and 11 months and 26 days of foreign service in Vietnam.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewman Badge, Republic of Vietnam Campaign Medal with Device (1960), Air Medal, Bronze Star Medal, 2 Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   a.  Item 38 of his DA From 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

	b.  A DA Form 137 (Installation Clearance Record), dated 19 January 1971, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

7.  The applicant's DA Form 20 shows he qualified and was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to the Air Cavalry Troop, 11th Armored Cavalry Regiment, the troop was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50 (1971).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for the preparation of the DD Form 214.  It states enter all decorations, service medals, campaign medals, and badges awarded or authorized; omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 23 January 1968 to
22 January 1971.

   a.  He received "excellent" conduct and efficiency ratings during his service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the award.

2.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show the four service stars.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.


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.  awarding him the Army Good Conduct Medal (1st Award) for the period
23 January 1968 through 22 January 1971;

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

	c. adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* 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)                                         AR20110003565



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003565



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1