IN THE CASE OF:	  

		BOARD DATE:  12 March 2014

		DOCKET NUMBER:  AR20130012717 


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, in effect, correction of his record to show any unit awards he may be entitled to and the Army Good Conduct Medal.  He also requests reconsideration of his previous request for award of the Purple Heart.  

2.  He states he came across a book listing medals awarded to the 1st Battalion, 44th Artillery.  The book listed the Army Presidential Unit Citation, Army Valorous Unit Award, Army Meritorious Unit Commendation, Navy Presidential Unit Citation, Navy Meritorious Unit Commendation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal.  If he is entitled to any of those medals, he would like to receive them.  He would also like to receive the Army Good Conduct Medal.  

3.  He provides self-authored statements.

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.  Army Regulation 15-185 (ABCMR) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 
1 year of the ABCMR's original decision and it has not previously been reconsidered.  In ABCMR Docket Number AR20060004388, dated 11 October 2006, the Board denied the applicant's request for award of the Purple Heart.  His request for reconsideration was not received within 1 year of the ABCMR's original decision; therefore, the portion of his application pertaining to the Purple Heart will not be discussed further in these Proceedings.  The applicant should note that the ABCMR will not consider any further requests for reconsideration of this matter.  However, he has the option to seek relief in a court of appropriate jurisdiction.

3.  On 3 September 1969, the applicant enlisted in the Regular Army.  

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam with Battery B, 1st Battalion, 44th Artillery, from 25 September 1970 to 22 August 1971.  Item 38 shows he received "fair" conduct and efficiency ratings for this assignment and "excellent" ratings for two other assignments.  

5.  On 26 August 1971, he was honorably released from active duty after completing 1 year, 11 months, and 24 days of total active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as amended by a DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* two Overseas Service Bars
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun, Grenade, and Rifle Bars

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.  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.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 1st Battalion, 44th Artillery, and two detachments of the unit were cited for several unit awards for periods in 1966, 1967, and 1968.  

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the 1st Battalion, 44th Artillery, in 1970 and 1971.  The unit did not receive any awards during this period other than the RVN Gallantry Cross with Palm Unit Citation that has already been recorded in his record.  Therefore, there is no basis for recording any additional unit awards in his record.  

2.  At the time the applicant served, to be awarded the Army Good Conduct Medal a Soldier must have had all "excellent" conduct and efficiency ratings.  The applicant's record shows he received "fair" ratings for one assignment.  Therefore, he is not eligible for award of the Army Good Conduct Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130012717





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ABCMR Record of Proceedings (cont)                                         AR20130012717



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