IN THE CASE OF:	  

		BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120007398 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the Army Good Conduct Medal.  He should be authorized the Army Good Conduct Medal because he served 10 months and 26 days in a war zone and 1 year and 11 months with no disciplinary action being taken against him.

3.  The applicant provides his DD Form 214 and a page titled Army Good Conduct Medal.

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's records show he was inducted into the Army of the United States on 29 April 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 2 May 1970 to 27 March 1971 while assigned to:

* Company K, 2nd Battalion, 75th Infantry Regiment from 2 May to 24 November 1970
* 23rd Replacement Detachment from 25 to 29 November 1970
* D Troop, 1st Squadron, 1st Cavalry Regiment from 30 November 1970 to 27 March 1971

3.  He was honorably released from active duty on 28 March 1971 and transferred to the U.S. Army Reserve.  He completed 1 year and 11 months of net active service with no lost time.  

4.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  On 4 December 2006, he was issued a DD Form 215 (Correction to DD Form 214) that deleted the Bronze Star Medal and added the Bronze Star Medal (2nd Award).

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

* Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) he qualified as first class gunner [sharpshooter] with the M-60 machine gun

7.  His record is void any convictions by a court-martial or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

8.  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.

9.  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.

10.  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 Troop D, 1st Squadron, 1st Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served honorably from 29 April 1969 through 28 March 1971.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

2.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two 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.

3.  The applicant qualified sharpshooter with the M-60 machine gun.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 29 April 1969 through 28 March 1971;
   
   b.  deleting from his DD Form 214 the Vietnam Service Medal; and 

   c.  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
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   _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)                                         AR20120007398





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ABCMR Record of Proceedings (cont)                                         AR20120007398



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