IN THE CASE OF:	

		BOARD DATE:	 13 September 2012

		DOCKET NUMBER:  AR20120004938


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, in effect, award of the Army Good Conduct Medal (AGCM) 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 was not awarded or issued the AGCM.  He believes he is entitled to that decoration and would like his records to reflect his honorable service.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record).

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.  On 9 December 1969, the applicant was inducted into the Army of the United States.  On 14 December 1969, he was honorably discharged for the purpose of immediate enlistment in the Regular Army.  

3.  On 15 December 1969, he enlisted in the Regular Army for a 3-year period. He completed training and was awarded military occupational specialties (MOS) 12A (Pioneer) and 91B (Medical Specialist).  

4.  Item 31 (Foreign Service) of his DA Form 20 shows he began his service in the Republic of Vietnam on 29 May 1971.

5.  Item 38 (Record of Assignments) of his DA Form 20 show he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division (Airmobile), effective 10 June 1971.

6.  On 13 March 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows:

   a. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) he was separated in the rank/grade of specialist five (SP5)/E-5. 

   b. Item 22a (1) (Statement of Service – Creditable for Basic Pay Purposes – Net  Service this Period) he was credited with the completion of 2 years,             2 months, and 29 days of net service during this period of active duty;

   c. Item 22c (Statement of Service – Foreign and/or Sea Service) he was credited with the completion of 9 months and 3 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations.  

   d. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with 1 campaign [bronze service] star
* Republic of Vietnam Campaign Medal with Device (1960), shown as the Vietnam Campaign Medal
* Bronze Star Medal
* Combat Medical Badge
* 
Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1 overseas service bar

   e. Item 30 (Remarks) he served in the Republic of Vietnam from 29 May 1971 through 1 March 1972.

7.  A DD Form 215 (Correction to DD Form 214), dated 9 July 2009, amended item 24 of his DD Form 214 by adding the Air Medal.

8.  There is no documentation in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

9.  Army Regulation 672-5-2 (Awards), in effect at the time, states 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.  

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  General Orders Number 6, issued by Headquarters, Department of the Army, Washington, DC, dated 25 February 1974, awarded the 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division (Airmobile), to which the applicant was assigned during his service in the Republic of Vietnam, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the following periods:

* 1 March 1971 through 9 October 1971 (1st Award)
* 18 April 1971 through 31 August 1971 (2nd Award)
* 6 September 1971 through 19 September 1971 (3rd Award)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple 

awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  Furthermore, there is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, it would be appropriate to award him the AGCM (1st Award), for the period 15 December 1969 to 13 March 1972, and to correct his DD Form 214 to show this award.

2.  General orders awarded his unit of assignment in the Republic of Vietnam     3 awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during his period of assignment with the unit.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award).

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 AGCM (1st Award), for the period 15 December 1969 to 13 March 1972; and 
b. 
Amending item 24 of his DD Form 214 to add the AGCM (1st Award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd 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)                                         AR20090018975



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ABCMR Record of Proceedings (cont)                                         AR20120004938



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