IN THE CASE OF:	

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004720 


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 honorably on active duty for 2 years,
11 months, and 17 days (from 28 December 1967 through 14 December 1970) and he was overlooked for award of the Army Good Conduct Medal at the time of his release from active duty (REFRAD).  He adds he previously requested the award from his U.S. Army Reserve (USAR) unit, but the action was never finalized.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a request for award of the Army Good Conduct Medal, dated 25 October 1995.

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 28 December 1967 for a period of 3 years.  He was trained in and awarded military occupational specialty 72B (Communications Center Specialist).

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

	a.  item 31 (Foreign Service) he served in Vietnam from 8 January 1969 through 6 January 1970;

	b.  item 33 (Appointments and Reductions) he was promoted to the rank/grade of sergeant (SGT)/E-5 on 6 October 1969;

	c.  item 38 (Record of Assignments), while serving in Vietnam, he was assigned to the 121st Signal Battalion, 1st Infantry Division, from 12 January 1969 to 4 January 1970

	d.  item 38 he received "excellent" conduct and efficiency ratings throughout his service;

	e.  item 41 (Awards and Decorations) no entry for the Army Good Conduct Medal.

4.  General Orders Number 17105, issued by Headquarters, 1st Infantry Division, dated 12 December 1969, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from January 1969 to January 1970.

5.  He was honorably REFRAD on 14 December 1970 at the expiration of his term of service under the Christmas Early Release Program.  He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 11 months, and 17 days of total active service, including 11 months and 29 days of foreign service in Vietnam.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the

* Vietnam Service Medal with 4 bronze service stars


* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's military service record does not contain any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  The applicant provides a copy of a memorandum issued by the administrative officer of Headquarters, 4160th USAR Forces School, USAR Center (KOTA), Kingsbury, IN, subject:  Request for Award of the Army Good Conduct Medal, dated 25 October 1995, for the commander of the Army Reserve Personnel Center, St. Louis, MO.  It shows the administrative officer requested award of the Army Good Conduct Medal for the applicant's period of active service from
28 December 1967 through 14 December 1970.  There is no indication the request was approved or acted upon.

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

9.  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 121st Signal Battalion, the unit to which the applicant was assigned, was cited for award of the:

	a.  Meritorious Unit Commendation for the period 1 June 1968 through 31 May 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970, and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1865 through 7 April 1970 by DAGO Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam (USARV), and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  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.

12.  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 enlisted service for the first award of the Army Good Conduct Medal for the period 28 December 1967 to
14 December 1970.

	a.  He was awarded the Bronze Star Medal for his meritorious service in Vietnam from January 1969 to January 1970.

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

	c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

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

2.  General orders awarded the applicant's unit the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Headquarters, USARV and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation during the applicant's service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this 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
28 December 1967 through 14 December 1970, and

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

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110004720



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004720



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1