IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130014283 


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 that he did not receive the Army Good Conduct Medal upon his separation from the Army.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 17 November 1967 and his DD Form 215 (Correction to DD Form 214) dated 29 September 2009.

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 was inducted into the Army of the United States on 
21 December 1965.  He completed training and he held military occupational specialty 31N (Tactical Circuit Controller).

3.  His record contains General Orders Number 5913, dated 31 October 1967, which shows he was awarded the Army Commendation Medal while assigned to Company A, 9th Signal Battalion, 9th Infantry Division for the period 23 April 1966 to 31 October 1967.

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

	a.  Item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station or training wherein he received "unknown" ratings.

	b.  Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal.  There is no evidence in the available records showing he was awarded the Army Good Conduct Medal.

5.  He was honorably released from active duty on 17 November 1967.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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; for 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states that a bronze service star is authorized with the Vietnam Service Medal for 


each Vietnam campaign a member is credited with participating in.  During his service in Vietnam he participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Company A, 9th Signal Battalion, 9th Infantry Division, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 66 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The record shows he received "excellent" conduct and efficiency ratings for each duty assignment with the exception of a period of "unknown" ratings which were not disqualifying.  There is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded this medal for the period from 21 December 1965 to 
17 November 1967 and his DD Form 214 should be corrected to show this award.

2.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  Records show he participated in two campaigns that entitle him to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  In view of the above, his request should be granted.


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 
21 December 1965 through 17 November 1967; and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* two bronze service stars for wear on his previously-awarded Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20130014283





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ABCMR Record of Proceedings (cont)                                         AR20130014283



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