IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120008550 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal
* he be issued the Army Good Conduct Medal

2.  The applicant states the Army Good Conduct Medal is not listed on his DD Form 214.  He received the ribbon but not the medal.

3.  The applicant provides his DD Form 214 and orders.

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 14 September 1965 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 1 April to 26 December 1966 while assigned to Company C, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  General Orders (GO) Number 51, dated 5 September 1967, issued by the U.S. Army Infantry Training Center, Fort Dix, NJ, awarded him the Army Good Conduct Medal (1st Award) for the period 14 September 1965 to 13 September 1967.

4.  He was honorably released from active duty on 13 September 1967 and transferred to the U.S. Army Reserve.  He completed 2 years of net active service.

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

* Combat Infantryman Badge
* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal with Device
* National Defense Service Medal

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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.

8.  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 1st Battalion, 2nd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968 by Department of the Army GO (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, for the period 1 October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Good Conduct Medal (1st Award) and his records show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award and badge.

2.  His record confirms he participated in two campaigns during his service 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 accordingly.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  With respect to issuing the Army Good Conduct Medal, the ABCMR corrects records; the Board does not issue medals or badges.  Requests for replacement medals and badges should be directed to the National Personnel Records Center (NPRC).  The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: 

* deleting award of the Vietnam Service Medal
* adding award of the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to issuing the Army Good Conduct Medal.  



      _______ _   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)                                         AR20120008550





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120008550



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1