IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004676 


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 a second award of the Army Good Conduct Medal.

2.  The applicant states he served in Korea at Camp Wilson from 1965 to 1966.  He guarded the Freedom Bridge, patrolled the area, and then went to the DMZ (Demilitarized Zone).

3.  The applicant provides:

* his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 30 November 1966 and 11 January 1971
* a letter from the National Personnel Records Center
* a self-authored chronology of his service

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 was inducted into the Army of the United States on 1 December 1964.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in Korea with the 1st Battalion, 23rd Infantry, 1st Infantry Division, from 19 May 1965 to 12 June 1966.

4.  On 30 November 1966, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal.

5.  Review of his service record shows no derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout this period of service.

6.  On 12 January 1967, he enlisted in the Regular Army for a period of 4 years.  He was trained in and awarded MOS 67N (Single Rotary Utility Helicopter Repairer).  He served in Vietnam with the 335th Assault Helicopter Company from 2 November 1967 to 1 November 1968.

7.  On 11 January 1971, he was honorably discharged at the expiration of his term of service in the rank/grade of specialist five (SP5)/E-5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device "1960"
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Aircraft Crewman's Badge
8.  A review of his service record for this period of service shows no derogatory information or a commander's disqualification that would disqualify him for the second award of the Army Good Conduct Medal.  Furthermore, item 38 of his DA Form 20 also shows he received all "excellent" conduct and efficiency ratings throughout his service during this period.

9.  His record contains a document, dated 28 December 1970, that appears to be a request for orders for the Army Good conduct Medal for the period 12 January 1967 to DOSOA (date of separation on or about) 11 January 1971.  However, his record does not contain official orders awarding him this award.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

11.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be work in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January 1968 - 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969

14.  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 the 335th Assault Helicopter Company, the unit to which the applicant was assigned, was cited for award of the:

* Presidential Unit Citation for the period 6 through 23 November 1967 by Department of the Army General Orders (DAGO) Number 5, dated 1979
* Meritorious Unit Commendation for the period 1 February through 31 December 1967 by DAGO Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 by DAGO Number 46, dated 1969

15.  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 establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal, the applicant's DD Form 214 for the period ending 11 January 1971 shows he was awarded one award of the Army Good Conduct Medal; however, 

	a.  During his first period of service, he served honorably during the period 1 December 1964 through 30 November 1966.  He attained the rank/grade of SP4/E-4, he served in Korea, and he received all "excellent" conduct and efficiency ratings throughout this period of military service.  There was no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period
1 December 1964 through 30 November 1966 based on completion of qualifying service ending with the termination of a period of Federal military service.

	b.  During his second period of service, he also served honorably during the period 12 January 1967 through 11 January 1971.  He attained the rank/grade of SP5/E-5, he served in Vietnam, and he received "excellent" conduct and efficiency ratings throughout this period of military service.  There was no derogatory information on file that would have disqualified him from receiving the 

second award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (2nd Award) for the period 12 January 1967 through 11 January 1970 and to correct his DD Form 214 for the period ending 11 January 1971 to show this award.

2.  His unit in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 11 January 1971 to show these unit awards.

3.  The applicant participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 11 January 1971 to show this silver service star.

4.  He served in Korea during a qualifying period of service for the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this 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.  deleting from item 24 of his DD Form 214 for the period ending 11 January 1971 the Army Good Conduct Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
1 December 1964 through 30 November 1966;

	c.  awarding him the Army Good Conduct Medal (2nd Award) for the period
12 January 1967 through 11 January 1970;

	d.  adding to item 24 of his DD Form 214 for the period ending on 11 January 1967 the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with a silver service star
* Korea Defense Service Medal
* Presidential Unit Citation
* Meritorious Unit Commendation
* 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)                                         AR20110004676



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ABCMR Record of Proceedings (cont)                                         AR20110004676



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