IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130010718 


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 that his section chief was recommending him for award of the Army Good Conduct Medal, but he was separated prior to the final processing of the paperwork.  He served honorably and desires to have his DD Form 214 reflect that honorable service with the Army Good Conduct Medal.

3.  He provides no additional evidence.

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 28 June 1967.

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

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from 2 December 1968 through 2 December 1969.

	b.  item 38 (Record of Assignments), while in Vietnam he was assigned to Headquarters and A Company, 709th Maintenance Battalion, 9th Infantry Division from 9 December 1968 through 31 October 1969.  He was also assigned to Company B, 99th Combat Service Support Battalion, 9th Infantry Division from 1 November to 1 December 1969.

	c.  item 38, he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  item 41 (Awards and Decorations), special orders awarded him both the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

4.  On 26 June 1970, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5.  He completed 2 years, 11 months, and 29 days of total active service.

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

* Army Commendation Medal with 1 oak leaf cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  There is no evidence of any disciplinary actions 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.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member is credited with participating.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

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 99th Combat Service Support Battalion was cited for award of the Meritorious Unit Commendation, for actions during his tenure, in Department of the Army General Orders (DAGO) Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention was carefully considered and determined to have merit.

2.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving 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 28 June 1967 through 26 June 1970 and to correct his DD Form 214 to show this award.

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  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 this correction.

5.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation.  Therefore, this unit award should be added to his DD Form 214.

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 28 June 1967 through 26 June 1970,

	b.  deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Vietnam Service Medal with 4 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle 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)                                         AR20130010718





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ABCMR Record of Proceedings (cont)                                         AR20130010718



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