IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007755
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 served in Vietnam and finished his obligation with an honorable discharge.
3. The applicant provides no documentary 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 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 enlisted in the Regular Army on 20 March 1970 for a period of
3 years. He served as a clerk typist in Vietnam from 6 May 1971 to 14 January 1972. On 20 March 1972, he was honorably released from active duty in the rank of specialist four after completing 2 years and 1 day of creditable active service with no time lost. He was released early to join an Army National Guard unit.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
4. There is no evidence the applicant received the first award of the Army Good Conduct Medal. There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.
5. His DA Form 20 (Enlisted Qualification Record) is not available.
6. Records show he participated in three campaigns during his assignment in Vietnam.
7. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial.
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably released from active duty in the rank of specialist four with 2 years of total active service and no lost time. He had no record of any disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 March 1970 through 20 March 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.
2. He participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 should be corrected to show these service stars.
3. All units in Vietnam were cited for award of 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 first award of the Army Good Conduct Medal for the period 20 March 1970 through 20 March 1972; and
b. adding the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
_______ _ _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) AR20120007755
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007755
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090010468
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 March 1972 to show award of the Purple Heart, Air Medal with Numeral 19, Bronze Star Medal with First Oak Leaf Cluster, and the Republic of Vietnam Gallantry Cross with Palm Citation as a personal award. This regulation shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on...
ARMY | BCMR | CY2008 | 20080018388
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 24 March 1972 to show award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The evidence of record shows that the applicant was awarded the Army Good Conduct Medal (1st Award). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2009 | 20090018112
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal * Air Medal (7th Award) * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Campaign Medal (7th...
ARMY | BCMR | CY2010 | 20100007816
The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information: * service in Vietnam from 25 March 1970 through 25 February 1971 with 327th Transportation Detachment, 101st Airborne Division * conduct and efficiency ratings of exclusively "excellent" * participation in one campaign * award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar...
ARMY | BCMR | CY2010 | 20100027021
The applicant requests the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 14 February 1972: * Army Good Conduct Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant's records do not show indiscipline or lost time, he received conduct and...
ARMY | BCMR | CY2014 | 20140008436
Therefore, it would be appropriate at this time to award him this medal for the period 3 September 1970 through 24 March 1972 and to correct his DD Form 214 to show this medal. Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960). 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...
ARMY | BCMR | CY2007 | 20070010817C080213
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2007 DOCKET NUMBER: AR20070010817 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of...
ARMY | BCMR | CY2011 | 20110010701
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 Combat Infantryman Badge, Republic of Vietnam Gallantry Cross Unit Citation, Air Medal, and all other awards and unit citations to which he is entitled. The applicant's military record shows he enlisted in the Regular Army on 24 March 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2014 | 20140006713
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam was cited for award of the: a. the Presidential Unit Citation for qualifying service in Vietnam during the period 24 January 1964 through 30 April 1972, by Department of the Army General Orders Number (DAGO) Number 25, dated 2001. b. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to...
ARMY | BCMR | CY2010 | 20100021918
The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 8 March 1971, for 2 years. Army Regulation 672-5-1 (Awards), then in effect, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. As a result, the Board...