IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110017857 


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 and any other awards he is authorized.

2.  The applicant states he served in the Army from 27 October 1966 through
18 October 1968 and he was assigned to the 504th Military Police Battalion,
18th Military Police Brigade in Vietnam from January to October 1968.

3.  The applicant provides, in support of his request, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in the Army of the United States on 27 October 1966 for a period of 24 months.  He was awarded military occupational specialty 95B (Military Police).

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

	a.  item 31 (Foreign Service):  Vietnam from 9 January to 18 October 1968;

   b.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 on 22 November 1967;

	c.  item 38 (Record of Assignments):  Company C, 504th Military Police Battalion, from 13 January through 16 October 1968;

	d.  item 39 (Campaigns):

* Tet Counteroffensive
* Vietnam Counteroffensive Phase III

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* 1 Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with
Pistol (.45 caliber) and Rifle (M-14) Bars

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, Washington, Special Orders Number 175, dated 15 December 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  White Sands Missile Range, New Mexico, Special Orders Number 63, dated 23 March 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 caliber) Bar.

6.  A DD Form 214 shows the applicant entered active duty on 27 October 1966, was honorably released from active duty on 18 October 1968, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.


	a.  He completed 1 year, 11 months, and 22 days of net active service that included 9 months and 10 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

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

7.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   a.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

	b.  A DA Form 137 (Installation Clearance Record), dated 12 October 1968, shows the commanding officer rated the applicant's conduct and efficiency as "excellent."

8.  The applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant's assignment to the Company C, 504th Military Police Battalion:

   a.  the company was awarded the Meritorious Unit Commendation for the period 1 January 1968 to 31 March 1970 by Department of the Army General Orders Number 2 (1971); and

   b.  the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 28 March 1973 by Department of the Army General Orders Number 6 (1974).

10.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 27 October 1966 to
18 October 1968.

   a.  He was promoted to SP4 (E-4) with less than 13 months of service.

   b.  He received "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 Army Good Conduct Medal (1st Award).

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


2.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show the four service stars.

3.  General orders awarded the applicant's company the Meritorious Unit Commendation and his battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these two unit awards.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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
27 October 1966 through 18 October 1968;

   b.  deleting from item 24 of his DD Form 214 the "VSM"; and


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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol
(.45 caliber) Bars




      _______ _   _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)                                         AR20110017857



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ABCMR Record of Proceedings (cont)                                         AR20110017857



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