IN THE CASE OF:	  

		BOARD DATE:	  14 June 2012

		DOCKET NUMBER:  AR20110024533 


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 the:

* Army Good Conduct Medal
* Army Commendation Medal

2.  The applicant states he recently learned that 1 year of wartime service with no disciplinary action was the requirement to receive the Army Good Conduct Medal.  He met the requirements but he was not issued the medal.  Additionally, he was told he was awarded the Army Commendation Medal but he did not receive it. 

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 was inducted into the Army of the United States on 23 November 1965 and held military occupational specialties 95B (Military Police) and 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from on or about 15 September 1966 to on or about 5 September 1967.  He was assigned to Company A, 3rd Battalion, 8th Infantry.  

4.  General Orders (GOs) Number 3428, issued by Headquarters, 4th Infantry Division, on 17 October 1967, awarded him the Army Commendation Medal for meritorious service from October 1966 to September 1967.  

5.  On 6 September 1967, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  His records do not contain official orders awarding him the Army Good Conduct Medal.  However, a review of his service record also shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

7.  Army Regulation 672-5-1 (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.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, participation credit was awarded for the below campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* 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

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign participation Credit Register) shows during his assignment to the 3rd Battalion, 8th Infantry, this unit was awarded the: 

* Presidential Unit Citation for valor from 18 to 26 May 1967 based on DAGO Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969 based on DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969, based on DAGO Number 53, dated 1970

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  He served honorably during the period 23 November 1965 through 6 September 1967.  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of SGT/E-5, and received "excellent" conduct and efficiency ratings throughout his period of military service.  His file contains no information that would have disqualified him for the Army Good Conduct Medal (1st Award); therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  GOs awarded his unit in Vietnam the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.

4.  He completed 11 months and 22 days of foreign service in Vietnam from 15 September 1966 to on or about 5 September 1967 which would have qualified him for two Overseas Service Bars.  Therefore, he is entitled to correction of his DD Form 214 to show two instead of one Overseas Service Bar.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with four bronze service stars and correction of his DD Form 214 to show these 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 November 1965 through 6 September 1967;
	b.  deleting from his DD Form 214 the Vietnam Service Medal and one Overseas Service Bar;

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two Overseas Service Bars



      _______ _   ___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)                                         AR20110024533



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ABCMR Record of Proceedings (cont)                                         AR20110024533



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