IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120008943
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 award of the Army Good Conduct Medal.
2. The applicant states he served in an active duty status from 12 July 1966 to 11 July 1969 and this service included a 1 year tour in Vietnam. The regulation states an individual may be awarded the Army Good Conduct Medal if no disciplinary action has been taken for at least a 12 month period. He believes his service was exemplary and he should be awarded the Army Good Conduct Medal.
3. The applicant provides no additional 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's records show he enlisted in the Regular Army on 12 July 1966 and he held military occupational specialty 63C (General Vehicle Repairman). He served in Vietnam from 2 May 1967 to 25 April 1968. He was assigned to Headquarters and Headquarters Battery (HHB), 25th Infantry Division Artillery.
3. On 19 July 1967, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being negligent in his duties by not exercising the proper degree of alertness while on perimeter guard.
4. He was honorably released from active duty on 11 July 1969 in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve. He completed 3 years of net active service with no time lost.
5. The DD Form 214 he was issued does not show the Army Good Conduct Medal (1st Award) or any unit awards.
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.
7. His record is void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows HHB, 25th Infantry Division Artillery was cited for award of the:
* Meritorious Unit Commendation for the period 1 January through 30 September 1968, by DA General Orders (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1966 through 31 August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 April 1966 through 21 January 1979, by DAGO Number 51, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served honorably from 12 July 1966 to 11 July 1969. He served in Vietnam, attained the rank of SP5, and he received all "excellent" conduct and efficiency ratings throughout his service. Other than the NJP he received for a relatively minor offense, his record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.
2. GO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during the period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
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 exemplary behavior, efficiency, and fidelity during the period 12 July 1966 to 11 July 1969; and
b. adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with 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) AR20120008943
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ABCMR Record of Proceedings (cont) AR20120008943
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