IN THE CASE OF:	  

		BOARD DATE:	 24 January 2013 

		DOCKET NUMBER:  AR20120012527 


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 award of the Army Good Conduct Medal.

2.  The applicant states he entered the Army on 9 October 1967 and he was released from active duty on 30 September 1970.  He was 16 days short of completing his 3-year service obligation even though he never requested an early release.   

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge).

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 9 October 1967 and he held military occupational specialty 67N (UH-1 Helicopter Repairman).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  Special Orders (SO) Number 328, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, MO, dated 24 November 1967, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The available evidence shows he was assigned to Vietnam from 4 May 1968 to 4 May 1969 and he served with the 282nd Attack Helicopter Company from 
9 May 1968 to 30 May 1969.

5.  He was honorably released from active duty on 30 September 1970 due to early separation from overseas.  His DD Form 214 shows he completed 2 years, 11 months, and 22 days of net active service, 1 year, 5 months, and 24 days of which was credited as foreign service.  This form also shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two Overseas Service Bars

6.  A review of his service record shows no derogatory information in the form of time lost, nonjudicial punishment (NJP), or suspension of favorable personnel 
actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 9 October 1967 through 30 September 1970.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There are also no entries in his record to indicate his commanders denied him award of the Army Good Conduct Medal during this period of service.

7.  Army Regulation 672-5-1 (Military Awards) states 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.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, 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 IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)

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 the 282nd Attack Helicopter Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968, Department of the Army General Order (GO) Number 31, 1969

DISCUSSION AND CONCLUSIONS:

1.  He served honorably during the period 9 October 1967 through 30 September 1970 and he received all "excellent" conduct and efficiency rating throughout this period.  His records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions that would disqualify him for the Army Good Conduct Medal (1st Award).  Additionally, there are no entries in his record to indicate that his commander denied him this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his
DD Form 214 should be corrected to show this award.

2.  Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

3.  The evidence of record shows that during his service in Vietnam he participated in four campaigns.  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 service stars.

4.  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.  awarding him the Army Good Conduct Medal (1st Award) for the period
9 October 1967 through 30 September 1970; and

	b.  adding to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Four bronze service stars to be worn with his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter 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)                                         AR20120012527



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ABCMR Record of Proceedings (cont)                                         AR20120012527



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