IN THE CASE OF:	  

		BOARD DATE:  3 September 2013

		DOCKET NUMBER:  AR20130002376 


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 and any other awards he may be entitled to.

2.  The applicant states he was not awarded the Army Good Conduct Medal.  He states the error occurred at the separation point upon his discharge from active duty.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or 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 was inducted into the Army of the United States on 8 January 1969 for a period of 3 years.  On 10 January 1969, he was honorably discharged for immediate enlistment in the Regular Army on 11 January 1969.  He successfully completed training and he was awarded military occupational specialty (MOS) 68G (Airframe Repairman).

3.  The applicant arrived in Vietnam on 13 July 1969 and he was assigned to the 370th Detachment, 7th Squadron, 1st Air Cavalry Division.  On 12 July 1970, he departed Vietnam.  The applicant was subsequently assigned to the
123rd Maintenance Battalion, 1st Armored Division, Fort Hood, TX, for the remainder of his active service.

4.  On 17 November 1971, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 after completing 2 years, 10 months, and 10 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  He record contains a DA Form 20 (Enlisted Qualification Record) that shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  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; 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that, at the time of the applicant’s assignment to 
the 370th Detachment, 7th Squadron, 1st Air Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the  period 15 December 1969 through 21 August 1970 by Department of the Army General Orders 52, dated 1971.

8.  Army Regulation (Awards) 600-8-22 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 1969 - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank of SP5 with 2 years, 10 months, and 10 days of total active service with no time lost.  His record contains no derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good conduct Medal.  It appears he met the eligibility criteria for this award for the period 8 January 1969 through 17 November 1971 based on completion of a period of qualifying service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 8 January 1969 through 17 November 1971 and to correct his DD Form 214 to show this award

2.  The applicant's unit 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.

3.  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 service stars.

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.  deleting from his DD Form 214 for the period ending 17 November 1971 the Vietnam Service Medal with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 January 1969 through 17 November 1971; and

	c.  adding to his DD Form 214 for the period ending 17 November 1971 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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)                                         AR20130002376



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ABCMR Record of Proceedings (cont)                                         AR20130002376



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