IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003206 


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.

2.  The applicant states he never got into any kind of trouble and served his country loyally.  It is considered a blotch in his military record as far as he is concerned.

3.  He provides no additional evidence.

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 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 31 January 1968 for a period of 3 years.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam from 11 September 1969 to 11 September 1970.

	b.  Item 38 (Record of Assignments) that during his tour of duty in Vietnam he was assigned to the 132d Aviation Company, 14th Combat Aviation Battalion from 25 September 1969 to 6 September 1970.

	c.  Item 38 he received all "excellent" conduct and efficiency ratings for each of his duty assignments.

	d.  Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.

4.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 11 September 1970, he was honorably released from active duty (REFRAD) as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  At the time of his REFRAD he had completed 2 years,
7 months, and 11 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

6.  The DD Form 214 he was issued at the time shows he was awarded the:

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)

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.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on 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, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  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 132d Aviation Company, 14th Combat Aviation Battalion, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by Department of the Army General Orders (DAGO) Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Orders (DAGO) Number 42, dated 1972

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was 

disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 31 January 1968 through 11 September 1970 and his DD Form 214 should be corrected to show this award.

3.  Records show the applicant participated in four campaigns while serving in the RVN.  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 bronze service stars.

4.  The applicant's unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Although he is only authorized to wear one of these awards, he is entitled to correction of his records to show both awards.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).

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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 January 1968 through 11 September 1970; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (First Award)
* 
Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      ____________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)                                         AR20120003206



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ABCMR Record of Proceedings (cont)                                         AR20120003206



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