IN THE CASE OF:	  

		BOARD DATE:	  12 April 2012

		DOCKET NUMBER:  AR20110020531


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his previous award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded the AGCM but it is not listed on his 
DD Form 214.  He states he served his country honorably and he wants recognition of his service.  

3.  The applicant provides no additional evidence.

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 23 June 1966.  He completed training and was awarded military occupational specialty 36K (Field Wireman).  He served in the Republic of Vietnam, with A Battery, 3rd Battalion, 13th Artillery Regiment, 25th Infantry Division, from on or about 4 December 1966 to 30 November 1967.  

3.  On 21 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he completed 1 year, 11 months, and 29 days of net service during this period of active duty, including 11 months and 27 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

4.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, and Republic of Vietnam Campaign Medal with Device (1960).

5.  There is no evidence in the available records that show 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).  

6.  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.  

7.  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.

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

10.  Special Orders Number 129, Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Gordon, GA, dated 5 August 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 5 August 1966.

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 3rd Battalion, 13th Artillery Regiment, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 April 1966 to 31 August 1968, by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 April 1966 to 21 August 1970, by DAGO Number 51, dated 1971

12.  Army Regulation 600-8-22 (Military Awards) 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 two campaigns: 

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the AGCM, for service on active duty between          23 June 1966 and 21 June 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 23 June 1966 to 21 June 1968, and his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  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.

4.  Records show he participated in two campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows he was awarded a single bronze service star in recognition of his participation in only one campaign.  Therefore, he is entitled to correction of his DD Form 214 to show an additional bronze service star for wear on 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   23 June 1966 through 21 June 1968; and

   b. Amending his DD Form 214 by deleting the Vietnam Service Medal with bronze service star and adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with 2 bronze service stars.



      
      _____________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)                                         AR20110020531



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