IN THE CASE OF:	  

		BOARD DATE:	 11 December 2012 

		DOCKET NUMBER:  AR20120012448 


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 was awarded the Army Good Conduct Medal, but it was not added to his DD Form 214.

3.  The applicant provides copies of two DD Forms 214 in support of his request.

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 10 May 1967.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Bragg, NC, Special Orders Number 179, dated 28 June 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 1st Infantry Division, General Orders Number 8091, dated 9 August 1968, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from October 1967 to September 1968.

5.  A DD Form 214 shows the applicant was honorably released from active duty (REFRAD) on 9 May 1969, transferred to the U.S. Army Reserve (USAR) Control Group (Active Duty), and that he volunteered for 2 months of active duty in the USAR effective 10 May 1969.

	a.  He completed 2 years of net active service that included 1 year of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* two overseas service bars

6.  A second D Form 214 shows the applicant was ordered to active duty on 10 May 1969, honorably REFRAD on 9 July 1969, and transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 months of net active service during this period.  It also shows:

	a.  in item 12 (Last Duty Assignment and Major Command:  Company C, 10th Battalion, 2nd Brigade, U.S. Army Training Center, 3rd U.S. Army, Fort Campbell, KY; and

	b.  in item 24:  Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).



7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 29 (Qualification in Arms):  Marksman, M-14 Rifle, June 1967;

	b.  in item 31 (Foreign Service):  Vietnam, 11 October 1967 through 10 October 1968;

	c.  in item 33 (Appointments and Reductions):  sergeant (SGT)/pay grade 
E-5, date of rank 24 January 1969;

	d.  in item 38 (Record of Assignments):  Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division, from 21 October 1967 through 6 October 1968;

	e.  in item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal
* Bronze Star Medal
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

8.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded the Army Good Conduct Medal (1st Award).

9.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company A, 1st Battalion, 2nd Infantry, the battalion was awarded the:

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

14.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instruction for completing item 24 state to list all decorations, service medals, campaign medals, and badges awarded or authorized during the period covered, omitting authorities cited therein.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal.

2.  The applicant served a continuous period of honorable active duty enlisted service from 10 May 1967 through 9 July 1969.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	b.  He received all "excellent" conduct and efficiency ratings during his period of service.

	c.  He was awarded the Bronze Star Medal for meritorious service during his tour of duty in the Republic of Vietnam.

	d.  He was promoted to SGT/E-5 with less than 21 months of active service.

	e.  He states he was awarded the Army Good Conduct Medal (1st Award). Based on the available evidence it would be appropriate at this time to correct his 9 July 1969 DD Form 214 to show this award.

3.  The evidence of record shows:

	a.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 28 June 1967.

	b.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

	c.  General orders awarded the applicant's unit the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
4.  In view of the foregoing it would be appropriate to correct the applicant's records to show the awards and decorations as recommended 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.  deleting award of the Vietnam Service Medal from item 24 of his 9 May 1969 DD Form 214,

	b.  adding the following awards to his 9 May 1969 DD Form 214:

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman 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)                                         AR20120012448



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012448



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1