IN THE CASE OF:
BOARD DATE: 6 July 2012
DOCKET NUMBER: AR20110024534
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 award of the Army Good Conduct Medal.
2. The applicant states he recently learned that 1 year of wartime service with no disciplinary action was the requirement for award of the Army Good Conduct Medal and although he met the criteria he did not receive this medal.
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 8 February 1968.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments), he was assigned to the 483d Field Service Company, Vietnam, from 23 August 1968 to 9 September 1969
* item 38, he received "excellent" conduct and efficiency ratings
* item 38, he departed Vietnam on 9 September 1969
4. On 11 September 1969, the applicant was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a 1 year, 7 months, and 4 days of total active service. His DD Form 214 shows award of the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
5. A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.
6. 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 qualifying 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.
7. 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 the applicant's dates of service in Vietnam coincide with the following four campaigns:
* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)
8. 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 the applicant was assigned was cited for award of the:
* Meritorious Unit Commendation for the period 1 October 1966 to 1 May 1969 in Department of the Army General Orders Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 in Department of the Army General Orders Number 8, dated 1974
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served honorably from 8 February 1968 to 11 September 1969 and he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal. 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.
2. The applicant participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
3. The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected 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 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 8 February 1968 to 11 September 1969,
b. deleting the Vietnam Service Medal from his DD Form 214, and
c. adding the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* 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) AR20110024534
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024534
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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