BOARD DATE:	  7 May 2013

		DOCKET NUMBER:  AR20120017555 


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 completed his service obligation and was promoted to specialist five (SP5/E-5) during his period of service.  He believes the award was omitted from his DD Form 214 in error.

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.  His records show he enlisted in the Regular Army on 29 November 1965 and he held military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).  He served in Vietnam from 11 January 1967 to 16 January 1968 and he was assigned to the following 4th Infantry Division units:

* Company A, 4th Aviation Battalion, 11 January - 15 October 1967
* Troop D, 1st Squadron, 10th Cavalry, 15 October 1967 - 16 January 1968

3.  On 10 June 1968, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, after being cited for disorderly conduct by the police department of the city of Lacrosse, WI.

4.  He was honorably released from active duty on 10 September 1968 in the rank/grade of SP5 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 2 years, 9 months, and 12 days of net active service with no time lost.

5.  The DD Form 214 he was issued shows:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Air Medal with three Oak Leaf Clusters
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal

6.  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.

7.  His record is void of any other derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that while assigned to the 4th Infantry Division his units were cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 July 1969, by Department of the Army General Orders (DAGO) Number 3, dated 1970; and the 

	b.  Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970.

10.  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 two campaigns - the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Army Good Conduct Medal.

2.  The evidence of record confirms the applicant served honorably from 
29 November 1965 to 10 September 1968.  He served in the Republic of Vietnam, attained the rank of SP5, and he received all "excellent" conduct and efficiency ratings throughout his service.  Other than the NJP he received for a relatively minor offense, his record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  General Orders awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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.


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;
   
	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 November 1965 to 
10 September 1968; and
   
   c.  adding to his DD Form 214 the:
   
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with 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)                                         AR20120017555





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120017555



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1