IN THE CASE OF:	  

		BOARD DATE:	 15 May 2012 

		DOCKET NUMBER:  AR20110022664 


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
* Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal and Bronze Star Medal

2.  The applicant states he thinks he was overlooked for the Army Good Conduct Medal because he was in Vietnam.  He had no Article 15's or other adverse actions.  He has orders for the Bronze Star Medal but it was awarded too late to be added to his DD Form 214. 

3.  The applicant provides his DD Form 214 and orders.

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's records show he enlisted in the Regular Army on 19 October 1965 and held military occupational specialty 62E (Heavy Equipment Operator).  He served in Vietnam from 21 November 1967 to 7 October 1968 while assigned to Headquarters and Headquarters Company (HHC), 326th Engineer Battalion, 101st Airborne Division.

3.  He was honorably released from active duty on 9 October 1968 in the rank/grade of specialist five (SP5)/E-5 and was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 21 days of creditable active service with no time lost.

4.  General Orders Number 7941, dated 22 October 1968, issued by Headquarters, 101st Airborne Division, awarded him the Bronze Star Medal.

5.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Parachutist Badge
* Army Commendation Medal

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

8.  A review of his records indicates entitlement to additional awards.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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 four 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)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to HHC, 326th Engineer Battalion, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served honorably from 19 October 1965 through 9 October 1968.  He served in Vietnam, was awarded the Bronze Star Medal, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank of SP5.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

2.  General orders awarded him the Bronze Star Medal and his record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); neither of which is shown on his DD Form 214.  Therefore, his is entitled to correction of his DD Form 214 accordingly.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 amending his DD Form 214 as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 October 1965 through 9 October 1968
* deleting the Vietnam Service Medal
* adding the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (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)                                         AR20110022664





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ABCMR Record of Proceedings (cont)                                         AR20110022664



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