BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007781 


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 records to show award of the Army Good Conduct Medal.  He also requests award of the Marine Corps Good Conduct Medal and Navy Presidential Unit Citation for his service with the United States Marine Corps.

2.  The applicant states fellow Soldiers and Marines received the Good Conduct Medal, but he did not.

3.  The applicant provides copies of his three separation documents.

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 provides a copy of his DD Form 214 MC (Report of Separation from Active Duty) that shows he served on active duty in the U.S. Marine Corps from 30 November 1973 through 14 July 1976.  Requests for the correction of records pertaining to U.S. Marine Corps personnel do not fall under the purview of the ABCMR.  The applicant is advised that his request for award of the Marine Corps Good Conduct Medal and Navy Presidential Unit Citation should be submitted to the Board for Correction of Naval Records, 701 South Courthouse Road, Building 12, Suite 1001, Arlington, VA  22204-2490.  As a result, the applicant's request for the Marine Corps Good Conduct Medal and Navy Presidential Unit Citation will not be discussed any further in this Record of Proceedings.

3.  The applicant was inducted into the U.S. Army on 20 September 1967 for a period of 2 years.

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

   a.  item 29 (Qualification in Arms):

* Sharpshooter, Rifle (M-14), 1 November 1967
* Sharpshooter, Rifle (M-16), 15 February 1968

	b.  item 31 (Foreign Service):  Vietnam from 24 March 1968 to 22 May 1969;

	c.  item 33 (Appointments and Reductions):  he was promoted to specialist four (SP4)/pay grade E-4 with a date of rank of 5 July 1968;

	d.  item 38 (Record of Assignments):  Battery C, 2nd Battalion, 321st Artillery, 82nd Airborne Division, from 5 April 1968 through 17 May 1969;

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
22 May 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He had completed 1 year, 8 months, and 3 days of net active service that included 1 year, 1 month, and 28 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Army Commendation Medal

6.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service, except for two periods (i.e., from 25 November through 8 December 1967 and from 15 October 1970 through 10 April 1971) when he received ratings of "unknown."

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional award orders pertaining to the applicant.

8.  In support of his request, the applicant also provides a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) that shows he had honorable enlisted service in the Army National Guard of the United States and California Army National Guard from 2 September 1977 through 1 September 1978.  Item 18 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded This Period) shows "None this period."

9.  A review of the applicant's military personnel records revealed that he may be authorized additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Battery C, 2nd Battalion, 321st Artillery:

   a.  the battery was awarded the Valorous Unit Award for the period
26 October to 1 November 1968 by Department of the Army General Orders (DAGO) Number 43, dated 12 August 1970; and 

   b.  the battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969 by DAGO Number 43, dated 12 August 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March to 4 October 1968 by DAGO Number 48 (1971)

12.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Army Good Conduct Medal.

2.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 20 September 1967 to 22 May 1969.

   a.  He was promoted to SP4/E-4 with less than 10 months of active service;

   b.  He received "excellent" conduct and efficiency ratings during his period of service (the ratings of "unknown" are not disqualifying);

   c.  He was awarded the Army Commendation Medal.

   d.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his 
DD Form 214 to show the award.

3.  The evidence of record shows:

	a.  the applicant qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars;

	b.  he qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal; and

   c.  general orders awarded the applicant's unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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
20 September 1967 to 22 May 1969 (Standard Name Line:  SP4  Battery C,
2nd Battalion, 321st Artillery, 82nd Airborne Division, U.S. Army Vietnam);

	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 1 silver service star
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _   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)                                         AR20120007781



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ABCMR Record of Proceedings (cont)                                         AR20120007781



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