BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020017 


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 he met the terms of qualification for the AGCM upon his discharge.

3.  The applicant provides page 3 of his DA Form 20 (Enlisted Qualification Record).

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 9 November 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty 95B (Military Police).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  His DA Form 20 shows he shows he served in Vietnam with the U.S. Military Assistance Command from 25 October 1965 to 9 February 1966 and the U.S. Army Strategic Communications Command from 10 February 1966 to 20 October 1966.

4.  His DA Form 20 also shows:

* his service number as RAXXXXXXX2
* his conduct and efficiency ratings as all "excellent"

5.  His records contain a memorandum issued by the U.S. Army Strategic Communications Command, dated 29 November 1965.  This memorandum shows:

	a.  "Award of the AGCM cannot be made to [the applicant], RAXXXXXXX7, inasmuch as the enlisted member does not meet the criteria set forth in paragraph 45, Army Regulation 672-5-1 (Military Awards).  The Enlisted Member's conduct and efficiency ratings must be excellent"; and 

	b.  the memorandum was placed in his records unsigned.

6.  His DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) shows he was honorably released from active duty on 28 October 1966.  This form further shows he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

7.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 9 November 1963 through 28 October 1966.  He received all "excellent" ratings for his conduct and efficiency.  In addition, the applicant was honorably released at the end of his term of service.

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.  There must have been no convictions by a court-martial.

9.  A review of his record indicates his entitlement to additional awards which are not listed on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units, during the period 8 February 1962 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 Defense Campaign, 8 March 1965-24 December 1965
* Vietnam Counteroffensive, 25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II, 1 July 1966-31 May 1967

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records confirm he served honorably on active duty during the period 9 November 1963 through 28 October 1966 and he received all "excellent" conduct and efficiency ratings through his service.  His record is also void of any derogatory or disciplinary actions or lost time.  His records contain a memorandum stating he did not meet the qualifications for the AGCM; however, this memorandum is unsigned and contains a service number that does not belong to the applicant.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

2.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze services stars with 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 AGCM (1st Award) for the period 9 November 1963 through 28 October 1966 and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award) 
* three bronze service stars with his previously-awarded Vietnam Service Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20110020017



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ABCMR Record of Proceedings (cont)                                         AR20110020017



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