IN THE CASE OF:	  

		BOARD DATE:	9 July 2013

		DOCKET NUMBER:  AR20120022877


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, in effect, award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he believes the rules have changed with respect to the Army Good Conduct Medal and his year of combat service now qualifies him 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.  The applicant was inducted into the Army of the United States on 23 November 1965.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 194, Headquarters, 4th Infantry Division, Fort Lewis, WA, dated 5 August 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) effective 6 July 1966.

4.  He served in the Republic of Vietnam from on or about 15 September 1966 through on or about 30 August 1967.  During this period he was assigned to Company A, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division.

5.  On 3 September 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 9 months, and 11 days of net service during this period of active duty, including 11 months and 19 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

6.  His DD Form 214 further shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  There is no evidence in the available records that show he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice.

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.

9.  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.

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

12.  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 3d Battalion, 8th Infantry Regiment, was cited for award of the:

* Presidential Unit Citation for the period 18-26 May 1967 in Department of the Army General Orders (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966-28 July 1969 in DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 July 1969 in DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Army Good Conduct Medal for his active duty service during the period 23 November 1965-3 September 1967.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service and there is no evidence he was subjected to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 23 November 1965-3 September 1967 and his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Records show he participated in two campaigns during his service in the Republic of Vietnam; however, his DD Form 214 shows he was awarded the Vietnam Service Medal without any bronze service stars to recognize his participation in any campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with two bronze service stars in recognition of his participation in two campaigns.

4.  General orders awarded his unit in the Republic of Vietnam the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, during the period in which he was assigned to the unit.  These awards are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 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 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 23 November 1965 through 3 September 1967 and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards:








* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksman Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120022877



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