IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110018907 


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.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Army Good Conduct Medal.

3.  The applicant provides copies of his DD Forms 214 dated 26 July 1966 and 25 July 1969.

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 on 21 July 1966.  He was honorably discharged on 26 July 1966 for the purpose of immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 27 July 1966.  He completed training as an atomic demonstration munitions specialist.

3.  On 12 September 1966, Headquarters, 1st Training Brigade Special Orders Number 197 were published awarding the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).

4.  He was transferred to Vietnam and he was assigned to Company B, 86th Engineer Battalion (Combat) (Army).  He was promoted through the ranks to specialist five (E-5).  He departed Vietnam en-route to the U.S. on 13 March 1968.

5.  After completing 3 years and 5 days of total active service, the applicant was honorably released from active duty on 25 July 1969, at the expiration of his term of service, in pay grade E-5.  His DD Form 214 shows he had 1 year of Foreign and/or Sea Service in the United States Army Pacific (USARPAC).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows he is authorized the following awards:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* National Defense Service Medal

6.  The applicant's DA Form 20 (Enlisted Qualification Record) is not on file.  However, there is no evidence in his records of any court-martial convictions, absences without leave (AWOL), or unfavorable personnel actions or statements that would justify his disqualification for award of the Army Good Conduct Medal. His records contain letters of appreciation and commendation for the excellent showing he made while he was performing guard duty and for help he rendered during the period 10 December 1966 through 22 February 1967.

7.  A review of the interactive Personnel Electronic Records Management System (iPERMS) and the applicant's Official Military Personnel File (OMPF) fails to reveal orders awarding him an Army Good Conduct Medal contained therein.

8.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  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.

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 unit to which the applicant was assigned was cited for the following awards during his period of assignment:

	a.  Meritorious Unit Commendation for the period 1 May 1967 to 31 July 1968 by Department of the Army General Orders Number 17, dated 1969;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 26 September 1967 to 21 October 1967 by Department of the Army General Orders Number 43, dated 1970, as amended by Department of the Army General Orders Number 31, dated 1969; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 25 September 1967 by Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant was discharged from the Army in pay grade E-5.  There is no evidence in his records of any court-martial convictions, AWOL incidents, or unfavorable personnel actions or statements that would justify his disqualification for award of the Army Good Conduct Medal.  His records contained letters of appreciation and commendation.  Based on the cited information, the applicant should be awarded the Army Good Conduct Medal.

3.  A review of his records show he is also authorized the following awards which should be included on his DD Form 214:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class United Citation
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

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 awarding him to Army Good Conduct Medal for exemplary service from 21 July 1966 through 20 July 1969 and amending his DD Form 214, dated 25 July 1969, to show the following awards:

* Army Good Conduct Medal (First Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class United Citation
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)



      _______ _   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)                                         AR20110018907



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ABCMR Record of Proceedings (cont)                                         AR20110018907



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