IN THE CASE OF:	  

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007312 


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 (AGCM).

2.  He states he believes he is eligible for award of the AGCM because he served with exemplary behavior, efficiency, and fidelity for 3 years, 1 month, and 14 days, and he received an honorable discharge.  He also states he served in Vietnam for 8 months and 11 days.

3.  He provides correspondence he received from the National Personnel Records Center, St. Louis, MO.

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 15 March 1963.  After completing initial entry training he was awarded military occupational specialty (MOS) 111 (Light Weapons Infantryman – later designated as MOS 11B).

3.  On 11 July 1963, Headquarters, Fort Polk, LA, issued Special Orders Number 166 awarding him the 1st Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar.

4.  On 17 September 1963, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for going from his appointed place of duty without proper authority on 15 September 1963.

5.  His DA Form 24 (Service Record) shows in:

* Section 1 (Appointments, Promotions, or Reductions), he was promoted to sergeant (SGT)/E-5 effective 9 October 1965
* Section 2 (Chronological Record of Military Service) –

* where recorded, he received "excellent" conduct and efficiency ratings
* on 16 September 1965, he was assigned to duty in Vietnam with Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division

* Section 5 (Service Outside Continental United States), he departed the United States for duty in Korea on 27 September 1963 and returned to the United States on 13 October 1964

6.  His records contain two DA Forms 20 (Enlisted Qualification Record), a 1 November 1954 version of the form and the 1 January 1965 version of the form that replaced the earlier version.

	a.  Item 29 (Foreign Service) of the earlier version of the form shows he served in Vietnam from 16 August 1965 through 28 February 1966.

	b.  Page 1 of the later version of the form is marked to indicate it is a temporary record.  Very few items on this form were completed; however, item 31 (Foreign Service) shows he served in Vietnam from 17 August 1965 through 27 April 1966.

7.  On 28 April 1966, he was honorably released from active duty in the 
rank/grade of SGT/E-5 after completing 3 years, 1 month, and 14 days of total active service with no lost time.



8.  His DD Form 214 shows in:

* item 24c (Foreign and/or Sea Service), he completed 8 months and 11 days of service in the U.S. Army Pacific
* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), award of the –

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)

9.  His records are void of documentation showing he was awarded the AGCM.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  A review of his records indicates he is entitled to additional awards not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 2-10 states, in part, the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

	b.  Paragraph 2-13 states a bronze service star is worn on the VSM for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:  the Vietnam Defense Campaign (8 March-24 December 1965) and Vietnam Counteroffensive (25 December 1965-30 June 1966).

	c.  Paragraph 2-20 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  Paragraph 9-13 states the Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  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 2nd Battalion, 12th Cavalry, was cited for award of the:

* Presidential Unit Citation (PUC) for the period 23 October to 26 November 1965 in Department of the Army General Orders (DAGO) Number 40, dated 1967
* RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 in DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  Where recorded, the applicant's conduct and efficiency ratings were "excellent."  He was promoted to SGT/E-5 and he had no lost time.  He received NJP on one occasion, but the offense was minor.  In view of the available evidence, it would appropriate to award him the AGCM (1st Award) for his 3-year period of active duty service from 15 March 1963 to 14 March 1966 and to correct his DD Form 214 to show this award.

2.  He served during a period of eligibility for award of the NDSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  He was awarded the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.

4.  He served in Korea during the period of eligibility for the KDSM.  Therefore, his DD Form 214 should be corrected to show this award.

5.  His service in Vietnam meets the criteria for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  He served in the 2nd Battalion, 12th Cavalry, during a period for which the unit was cited for award of the PUC and RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  A review of his records shows his total foreign service was not recorded in item 24c of his DD Form 214.  He departed the United States for Korea on 27 September 1963 and returned to the United States on 13 October 1964, a span of 1 year and 17 days.  He served in Vietnam from on or about 17 August 1965 through 27 April 1966, a span of 8 months and 11 days.  His total foreign service was 1 year, 8 months, and 28 days.  It would be appropriate to correct his DD Form 214 to show his total foreign service at this time.

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 AGCM (1st Award) for the period 15 March 1963 to 14 March 1966 and

	b.  amending his DD Form 214 as follows:

		(1)  replacing the entry in item 24c with "1  8  28,"

		(2) deleting award of the VSM from item 26, and



		(3) adding the following awards to item 26:

* AGCM (1st Award)
* NDSM
* VSM with two bronze service stars
* KDSM
* RVN Campaign Medal with Device (1960)
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar



      _____________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)                                         AR20130007312



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ABCMR Record of Proceedings (cont)                                         AR20130007312



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