IN THE CASE OF:	  

		BOARD DATE:	22 February 2012

		DOCKET NUMBER:  AR20110016739


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 award of the Army Good Conduct Medal (AGCM).

2.  The applicant states the criteria for being awarded the AGCM is exemplary conduct for 3 years, or 1 year during a period of war.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record),       DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and Letter Orders Number 08-1316196, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated           23 August 1972.

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, for a 2-year term, on 8 September 1966.  He completed training and was awarded military occupational specialty 13A (Field Artillery, Basic).

3.  Item 31 of his DA Form 20 shows he served in the Republic of Vietnam from on or about 9 February 1967 to on or about 3 February 1968.  During his service in Vietnam he was assigned to:

* C Battery, 6th Battalion, 14th Artillery Regiment, from on or about           14 February 1967 to on or about 6 October 1967
* B Battery, 6th Battalion, 29th Artillery Regiment, from on or about              7 October 1967 to on or about 3 February 1968

4.  On 6 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 11 months, and 29 days of net service during this period of active duty, including 11 months and 25 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There is no evidence in the available records that shows he was awarded the AGCM; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

8.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AGCM.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  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 unit to which he was assigned, the 6th Battalion, 14th Artillery Regiment, was cited for the:

* Meritorious Unit Commendation, for the period 27 November 1965 to      10 November 1967, by Department of the Army General Orders (DAGO) Number 48, 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 23 October 1965 to 23 June 1970, by DAGO Number 55, dated 1971

12.  Department of the Army Pamphlet 672-3 further shows the 2nd unit to which the applicant was assigned during his period of service in the Republic of Vietnam, the 6th Battalion, 29th Artillery Regiment, was cited for the:

* Presidential Unit Citation, for the period 29 October 1967 to 30 November 1967, by DAGO Number 38, 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 October 1966 to 31 October 1969, by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation, for the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

14.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the AGCM, for service on active duty between          8 September 1966 and 6 September 1968.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, he should be awarded the AGCM (1st Award), for the period 8 September 1966 and 6 September 1968, and his DD Form 214 should be corrected to show this award.

2.  General orders awarded his units of assignment in the Republic of Vietnam the Presidential Unit Citation, Meritorious Unit Commendation, 2 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation.  These awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  Records show he participated in three campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          3 bronze service stars, to be affixed to his previously-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 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   8 September 1966 to 6 September 1968;

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

* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal (First Class) Unit Citation
* 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

      
      
      
      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110016739



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