BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120010317 


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 (GCMDL).

2.  He states he served in Vietnam for 1 year during his period of active duty.

3.  He 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.  The applicant was inducted into the Army of the United States on 3 February 1965.  

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

	a.  item 31 (Foreign Service) he served in Vietnam from 13 October 1965 through 5 November 1966.

	b.  item 38 (Record of Assignments) he:

		(1)  served in Vietnam with Company C, 69th Signal Battalion from 13 October 1965 to 3 November 1966. 

		(2)  received all "excellent" conduct and efficiency ratings throughout his service.

	c.  item 41 (Awards and Decorations) he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Vietnam Campaign Medal with "1960" Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 60, issued by Headquarters, Training Regiment, dated 22 March 1965 

4.  On 9 November 1965, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows award of the National Defense Service Medal.

5.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the GCMDL.  His record is also void of any evidence of disciplinary actions or a commander's denial of award of the GCMDL.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the GCMDL 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.

7.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

* Defense (8 March 1965 - 24 December 1965)
* Counteroffensive (25 December 1965 - 30 June 1966)
* Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the:

   a.  Meritorious Unit Commendation for action during the period November 1965 to October 1966, by Department of the Army General Orders (DAGO) Number 46, dated 1969. 

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by DAGO Number 8, dated 1974. 

DISCUSSION AND CONCLUSIONS:
1.  The applicant's contentions were carefully considered and determined to have merit.

2.  The available evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have disqualified him from being awarded the first award of the GCMDL.  Therefore, it would be appropriate at this time to award him the first award of the GCMDL and to correct his DD Form 214 to show this award.

3.  The evidence of record shows he served qualifying periods of service and was awarded of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show these awards.

4.  He participated in three campaigns during his service in Vietnam which entitles him to three bronze service stars for wear on his Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  DAGOs awarded his Vietnam unit the following unit awards; therefore, he is entitled to correction of his DD Form 214 to show authorization for them:

* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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
3 February 1965 to 9 November 1966; and
	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

      
      
      
      _______ _ 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)                                         AR20120010317





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ABCMR Record of Proceedings (cont)                                         AR20120010317



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