IN THE CASE OF:	  

		BOARD DATE:  10 January 2013

		DOCKET NUMBER:  AR20120011367 


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 honorably and was told upon his separation from the Army that he was entitled to receive 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 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 enlisted in the Regular Army on 30 June 1966.  He completed training and he was awarded military occupational specialty 63C (General Vehicle Repairman).  He was stationed in the Republic of Vietnam from              24 October 1967 to 25 October 1968.  During his tour in Vietnam, he was assigned to Company A, 229th Aviation Battalion, 1st Cavalry Division (Airmobile).

3.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not reflect an award of the Army Good Conduct Medal and his records do not contain official orders awarding him this medal.

4.  The applicant received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 24 April 1969 for exceeding the speed limit.

5.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

6.  On 27 June 1969, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade he attained during his period of service was specialist five (SP5)/E-5.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Bronze Star Medal
* Air Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (Carbine)
* 2 overseas service bars

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a 
qualifying period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 four campaigns:

* Vietnam Counteroffensive, Phase III
* TET Counteroffensive 
* Vietnam Counteroffensive, Phase IV 
* Vietnam Counteroffensive, Phase V

9.  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 Company A, 229th Aviation Battalion,               1st Cavalry Division (Airmobile), the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 30 June 1966 through       27 June 1969.  He served in Vietnam, attained the rank/grade of SP5/E-5, and he received all "excellent" conduct and efficiency ratings throughout his service.  Notwithstanding the Article 15, the same unit that gave him that Article 15 also gave him "excellent" conduct and efficiency ratings when he departed the unit.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

2.  He participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four 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 in Vietnam was cited for award of 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 this unit award.








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 with 2 bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
30 June 1966 through 27 June 1969; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20120011367



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ABCMR Record of Proceedings (cont)                                         AR20120011367



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