IN THE CASE OF:	  

		BOARD DATE:  20 March 2014

		DOCKET NUMBER:  AR20130012529 


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.  

2.  The applicant states he never had any nonjudicial punishment or derogatory information.  

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's records show he was inducted into the Army of the United States on 8 August 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 
3.  He served in Vietnam from 8 February 1968 to 7 February 1969.  He was assigned to the 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade.   

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 5 June 1969.  He completed 1 year, 9 months, and 28 days of active service with no lost time.  His DD Form 214 show he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with "1960" Device
* Purple Heart
* Combat Infantryman Badge
* Valorous Unit Award
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)

5.  His records do not contain orders awarding him the Army Good Conduct Medal.   However, a review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his military service.

6.  Army Regulation 672-5-1 (Military 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.

7.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969

8.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 3rd Infantry, from 8 February 1968 to 7 February 1969, in Vietnam, this unit was cited for award of the:

* Valorous Unit Award, 31 January to 19 February 1968, based on DA General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, 19 June 1968 to 31 July 1970, based on DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 12 December 1966 to 31 August 1970, based on DAGO Number 31, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 8 August 1967 through 5 June 1969.  He attained the rank of SP4/E-4, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

2.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The Valorous Unit Award is already listed on his DD Form 214 but not the other two unit awards.  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 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: 

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 8 August 1967 through 5 June 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding the following awards to his DD Form 214 the –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130012529





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ABCMR Record of Proceedings (cont)                                         AR20130012529



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