IN THE CASE OF:	   

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130002856 


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.  He states he does not believe there is anything in his military records that indicate the above medal should be denied.  

3.  He provides no additional documents.

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 enlisted in the Regular Army on 6 September 1966.  He served in the Republic of Vietnam (RVN) from 14 September 1967 to 11 September 1968.  He was assigned to Company A, 54th Signal Battalion (Corps) while in the RVN.

3.  A review of his service record revealed:

* he was promoted to specialist five (SP5)/E-5, effective 27 November 1968
* no orders or recommendation for the first award of the Army Good Conduct Medal for the period 6 September 1966 through 5 September 1969
* no disciplinary actions or evidence disqualifying him for award of the Army Good Conduct Medal
* he received "excellent" conduct and efficiency ratings throughout his tenure on active duty

4.  He was honorably released from active duty on 5 September 1969 in the rank of SP5 after completion of 3 years of total active military service with no lost time.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), one Overseas Service Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  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.  

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:

   a.  Meritorious Unit Commendation for the period 1 May 1967 to 31 January 1968 by Department of the Army General Orders Number 54, dated 1968.

   b.  RVN Gallantry Cross Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 the RVN, the applicant participated in the Vietnam Counteroffensive Phase III,
Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.  

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of orders which show he was awarded the Army Good Conduct Medal for the period 6 September 1966 through 5 September 1969.  There is no evidence available which indicates he received any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal during his tenure on active duty.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 5 September 1969 and correction of his DD Form 214 to show this medal.  

2.  The applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  His unit in the RVN was cited for award of the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.  


4.  He served in the RVN from 14 September 1967 to 11 September 1968; therefore, he is authorized two Overseas Service Bars.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 5 September 1969;

	b.  deleting the Vietnam Service Medal and one Overseas Service Bar from his DD Form 214; and 

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and two Overseas Service Bars to his DD Form 214. 



      ___________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)                                         AR20130002856



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002856



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1