IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110005404 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal.

2.  The applicant states he earned the Army Good Conduct Medal.  He also states his DD Form 214 erroneously shows he received two Republic of Vietnam Campaign Medals with Device (1960) [shown as "VCM" and "VCM w/60 Dev"] and contends that one of those entries shown as "VCM" should have been "GCM" to indicate award of the Army Good Conduct Medal.

3.  The applicant provides a copy of 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 enlisted in the Regular Army on 28 August 1969.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 2 April 1971, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training).  The highest rank he attained while serving on active duty was specialist four.

3.  His DD Form 214 for the period ending 2 April 1971 shows he served in the Republic of Vietnam from 2 April 1970 through 1 April 1971.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 3rd Battalion (Airborne), 503rd Infantry Regiment, performing duties in MOS 11B as an automatic rifleman.

4.  Item 41 (Awards and Decorations) of his DA Form 20 does not reflect an award of the Army Good Conduct Medal and his records do not contain official orders awarding him this medal.

5.  The applicant received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 25 August 1970 for sleeping while posted as a sentinel of the walking guard.

6.  The applicant's record contains a DA Form 137 (Installation Clearance Record) that shows his conduct and efficiency were "excellent."

7.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings for each of his duty assignments.  There is no record of any convictions by a court-martial or a commander's disqualification from receiving the Army Good Conduct Medal.

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

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 672-5-1 (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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders Number 51, dated 1971, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 October 1967 through 26 September 1970.

11.  Department of the Army Pamphlet 672-3 shows that during his assignment to Company C, 3rd Battalion, 503rd Infantry Regiment, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1972 by Department of the Army General Orders Number 5, dated 1973.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Army Good Conduct Medal has been carefully considered and found to have merit.

2.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Notwithstanding the Article 15, the same unit that gave him that Article 15 also gave him "excellent" conduct and efficiency ratings when he cleared Vietnam.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 28 August 1969 through 2 April 1971 and correction of his DD Form 214 to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  His records show he was previously awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his Republic of Vietnam service.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear with his previously-awarded Vietnam Service Medal.

5.  His DD Form 214 erroneously shows award of the Republic of Vietnam Campaign Medal with Device (1960) depicted as both "VCM" and "VCM w/60 Dev."  Therefore, he is entitled to correction of his DD Form 214 by removing the erroneous "VCM" entry.

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 28 August 1969 through 2 April 1971,

	b.  deleting the Vietnam Service Medal and the "VCM" entry for the Republic of Vietnam Campaign 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)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  providing a corrected DD Form 214 and issuing the above medals to the applicant.



      ___________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)                                         AR20110005404



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ABCMR Record of Proceedings (cont)                                         AR20110005404



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