BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017115 


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 served a qualifying period for this award.

3.  The applicant provides his DD Forms 214 (Armed Forces of the United Sates Report of Transfer or Discharge) for the period ending 19 June 1968 and 19 June 1971, and a State of Oregon Certificate of Change of Name

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 17 June 1968.  He was honorably discharged on 19 June 1968 for the purpose of immediate enlistment in the Regular Army.
3.  On 20 June 1968, he enlisted in the Regular Army on 20 June 1968 for a period of 3 years.  He held military occupational specialty 91D (Operating Room Specialist).  He served in Vietnam from 31 May 1969 to 30 May 1970 while assigned to the 85th Evacuation Hospital.

4.  On 19 June 1971, he was honorably released from active duty at the expiration of his term of service in the rank/grade of specialist five (SP5)/E-5.  He completed 3 years and 3 days of total active service with no time lost.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and
M-16)

5.  His records do not contain orders awarding him the Army Good Conduct Medal.  However: 

* There is no derogatory information in his record that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal
* 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

6.  Army Regulation 672-5-1 (Decorations and 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.

7.  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:

* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

8.  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 85th Evacuation Hospital was cited for award of the:

* Meritorious Unit Commendation for the period 1 August 1968 through
31 July 1969 by Department of the Army General Order (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 December 1968 through 31 July 1970 by DAGO Number 52, dated 1971

9.  Paragraph 6d of the same pamphlet states DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 17 June 1968 through 19 June 1971.  He attained the rank/grade of SP5/E-5.  He also received all "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  It appears that at the time of his release from active duty he was not awarded the Army Good Conduct Medal as a result of an administrative oversight.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 16 June 1971 and to correct his DD Form 214 to show this award.

2.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze stars.

3.  General orders awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  All units in Vietnam were awarded 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 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:

* deleting from his DD Form 214 for the period ending 19 June 1971 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 16 June 1971
* adding to his DD Form 214 for the period ending 19 June 1971 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal 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)                                         AR20120017115



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ABCMR Record of Proceedings (cont)                                         AR20120017115



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