IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001647
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 during the Vietnam era military personnel were being discharged early so he only had 2 years, 10 months, and 27 days of active service.
3. The applicant provides his DD Form 214 and Honorable Discharge Certificate.
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 applicants 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 applicants 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 4 March 1966 and he held military occupational specialty 73C (Pay Disbursing Specialist). He served in Vietnam from 28 December 1966 to 16 December 1967 while assigned to the 43rd Finance Detachment and the 94th Finance Section.
3. He was honorably released from active duty on 30 January 1969 in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve. He completed 2 years, 10 months, and 27 days of creditable active service with no time lost.
4. The DD Form 214 he was issued shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
5. 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.
6. 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.
7. Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. 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. A review of his records shows that during his service in Vietnam he participated in two campaigns.
9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states DA General Orders (GO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army, Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served honorably from 4 March 1966 through 30 January 1969. He served in Vietnam, 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. His record confirms he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit and his record shows he was awarded the Expert 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.
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:
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 March 1966 to 30 January 1969
* deleting the Vietnam Service Medal from his DD Form 214
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* 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) AR20120001647
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ABCMR Record of Proceedings (cont) AR20120001647
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