BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120008032 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  He states he served only 2 years in the service.  He was assigned to the 173rd Airborne Brigade from 1 April 1967 through 1 April 1968.  He received the Combat Infantryman Badge and he was promoted to the grade of E-4.  He was also awarded the Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).  He further states he never realized in all this time that he did not receive his Army Good Conduct Medal.

3.  He provides a Combat Service Citation for the Presidential Unit Citation and the Meritorious Unit “Citation.”

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 was inducted into the Army of the United States on
22 September 1966 in pay grade E-1.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 1 April 1967 to 31 March 1968.  He was assigned to Company C, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade.

4.  He was honorably released from active duty (REFRAD) on 20 September 1968 at the expiration of his term of service in pay grade E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days of total active service with no time lost.

5.  The DD Form 214 he was issued at the time shows 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
* Combat Infantryman Badge
* Parachutist Badge

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record also contains a Fort Ord (ORD) Form 700 (Conduct and Efficiency Ratings), dated 13 August 1968, that shows his commander rated him "excellent" in both conduct and efficiency for the period May - September 1968 with a projected REFRAD date of 21 September 1968.

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

8.  He provides a Combat Service Citation, dated 17 October 2002, that authorized his unit, the 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade, the 

Presidential Unit Citation and the Meritorious Unit “Citation” for its service in Vietnam from June to November 1967.

9.  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 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.

10.  Army Regulation 600-8-22 (Military Awards), 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 three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

11.  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 unit, 2nd Battalion, 503rd Infantry, was cited for award of the:

* Presidential Unit Citation for the period 6 through 23 November 1967 by Department of Army General Orders (DAGO) Number 42, dated 1969
* Meritorious Unit Commendation for the period 5 May 1965 through 4 May 1967 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The available evidence appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award).  He received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence that any disciplinary action was taken against him during his period of active service and no evidence that his commander disqualified him for the award.  Therefore, it 

would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 22 September 1966 through 20 September 1968 and to correct his DD Form 214 to show this award.

2.  The evidence of record shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three 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.  His unit was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, and 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 these unit awards.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 September 1966 through 20 September 1968; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* 
Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120008032



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ABCMR Record of Proceedings (cont)                                         AR20120008032



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