IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120019713 


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 did not receive the Army Good Conduct Medal at the time of his discharge from the Army and he feels he met the requirements for the award.

3.  The applicant provides a copy of his DD Form 214.

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.  With prior active service, the applicant enlisted in the Regular Army (RA) on
5 September 1968 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) he served with Company E,
725th Maintenance Battalion, 25th Infantry Division from 14 September 1969 to 4 September 1970
* item 38 (Record of Assignments) shows he received all "excellent" conduct and efficiency ratings at each of his active duty assignments
* item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), is void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal.

5.  His record contains a DA Form 2496 (Disposition Form), subject:  Request for Cancellation of Extension, dated 10 August 1971, wherein the applicant requested cancellation of his active duty extension due to extenuating circumstances.  His commander recommended approval and indicated the applicant's conduct and efficiency was "excellent."

6.  On 17 November 1971, the applicant was honorably released from active duty by reason of Secretarial Authority.  He completed 3 years, 2 months, and
13 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 
Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

7.  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 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 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)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

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 725th Maintenance Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973.

10.  This pamphlet also shows Company E of the same battalion was cited for award of the Meritorious Unit Commendation for the period 1 January through
30 June 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Army Good Conduct Medal.

2.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service.  In addition, his AMHRR is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 5 September 1968 through 4 September 1971 and to correct his DD Form 214 to show this award.

3.  The applicant 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 service stars.

4.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and 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 these unit awards.

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 the period
5 September 1968 through 4 September 1971; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20120019713



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ABCMR Record of Proceedings (cont)                                         AR20120019713



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