IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110015122 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded the AGCM but it is not shown on his 
DD Form 214.

3.  The applicant provides no additional documentation.

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.  On 29 October 1971, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).

3.  The applicant's service in the Republic of Vietnam (RVN) included:

	a.  10 May -18 June 1972: 1st Battalion, 12th Cavalry Regiment;

	b.  19 June - 17 August 1972: 1st Battalion, 7th Cavalry Regiment;

	c.  18 - 19 August 1972: Headquarters and Headquarters Company, 17th Cavalry Regiment; and

	d.  20 August - 19 November 1972: H Troop, 17th Cavalry Regiment.

4.  On 3 January 1973, the applicant was assigned for duty at Fort Ord, California.

5.  On 26 October 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 11 months, and 28 days of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Overseas Service Bar
* Expert Marksmanship Qualification Badge with Grenade and Pistol Bars
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal.


8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the Vietnam Cease-Fire Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 12th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 54, dated in 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his award of the Army Commendation Medal and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  The applicant’s unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal.


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 for the period 29 October 1971 to 26 October 1973;

	b.  deleting all awards from Item 24 of his DD Form 214; and

	c.  showing in Item 24 of his DD Form 214 his awards as:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Grenade and Pistol Bars
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar 
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar



      __________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)                                         AR20110015122





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ABCMR Record of Proceedings (cont)                                         AR20110015122



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