IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120008178 


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 addition of this medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states he served in Vietnam and never received the award.

3.  The applicant provides his DD Form 214.

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.  His military records show he was inducted into the Army on 5 May 1969.  He was awarded the military occupational specialty of 11B (Light Weapons Infantryman) and was promoted to the rank of sergeant/pay grade E-5.
3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the Republic of Vietnam (RVN) from 20 October 1969 to 28 September 1970, he performed duties as:

* an 11B (Rifleman) during the period 12 November 1969 to 19 November 1969 while assigned to Company A, 1st Battalion, 12th Infantry, 4th Infantry Division
* an 11B (Scout and Senior Scout Observer) during the period 20 November 1969 to 27 September 1970 while assigned to Company K, 75th Infantry, 4th Infantry Division

4.  His DA Form 20 further shows all "excellent" conduct and efficiency ratings.

5.  He was honorably released from active duty on 4 May 1971.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 2 years of active service.

6.  His DD Form 214 shows he received the following awards:

* National Defense Service Medal
* Air Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Purple Heart

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  The fact that he achieved the rank of sergeant/E-5 and was also awarded the Bronze Star Medal, Combat Infantryman Badge, and Purple Heart depicts his actions and service as honorable.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 5 May 1969 through 4 May 1971 and to add this award to his DD Form 214.

2.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

3.  Headquarters, U.S. Army Vietnam and its subordinate units were authorized the RVN Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  In view of the foregoing, he is entitled to have his records corrected as shown below.



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 Army Good Conduct Medal (1st Award) for the period 5 May 1969 through 4 May 1971; 

	b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and 

	c.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and RVN 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)                                         AR20120008178



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ABCMR Record of Proceedings (cont)                                         AR20120008178



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