IN THE CASE OF:	  

		BOARD DATE:	    17 May 2012

		DOCKET NUMBER:  AR20110023245 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states:

* He is authorized the medal but it is absent from his records
* He believes he was discharged from the Army before they could process the citation and award to him

3.  The applicant provides his DD Form 214.

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 3 August 1966 for a period of 
3 years.  He was subsequently awarded military occupational specialty 76P (stock control and accounting specialist).

3.  Special Orders Number 43, issued by Headquarters, 5th Infantry Division, Fort Carson, CO, dated 12 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 19 February 1967, he was reassigned to Vietnam.  He was assigned to:

* Headquarters and Headquarters Detachment, 44th Signal Battalion in Vietnam from 21 February 1967 through 4 April 1968
* 11th Supply Company from 5 April 1968 to 4 September 1968

5.  On 1 August 1969, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years, 11 months, and 29 days of total active service with no time lost.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence of any disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  Item 38 of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings through his 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 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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)

10.  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 units to which the applicant was assigned was cited for award of the:

* Meritorious Unit Commendation for the period 15 August 1967 through
31 August 1968 by Department of the Army General Orders (DAGO) Number 37, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service with no disciplinary or adverse actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

2.  His DD Form 214 shows the Vietnam Service Medal with three bronze service stars.  However, records show he participated in five campaigns during his assignment in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with one silver service star and correction of his DD Form 214 accordingly.

3.  His Vietnam units were cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

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.  deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
3 August 1966 through 1 August 1969; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert 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)                                         AR20110023245



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ABCMR Record of Proceedings (cont)                                         AR20110023245



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