IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130015780 


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.  The applicant states he wants to know if he was entitled to award of the AGCM.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States). 

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 
2 September 1965.  He arrived in Vietnam on 6 June 1966.  He served as a military policeman assigned to the 300th Military Police Company in Vietnam from 6 June 1966 to 5 June 1967.  On 9 June 1967, he was honorably released from active duty in the temporary rank of specialist four after completing 1 year, 
9 months, and 8 days of creditable active service with no time lost.

3.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 

4.  There are no orders for the AGCM in the available records.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his service.

6.  Records show he participated in three campaigns during his assignment in Vietnam.

7.  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 300th Military Police Company was cited for award of the Meritorious Unit Commendation for actions during the period October 1966 to September 1967 in Department of the Army General Orders (DAGO) 17, dated 1968.

8.  DAGO 8, dated 1974, announced award of the Republic of Vietnam 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.

9.  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; for the 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.  There must have been no conviction by a court-martial.  However, there was no right or entitlement to the medal until the intermediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the temporary rank of specialist four with 1 year, 9 months, and 8 days of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the AGCM for the period 2 September 1965 through 9 June 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

2.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.

3.  His Vietnam unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

	a.  awarding him the first award of the AGCM for the period 2 September 1965 through 9 June 1967; and

	b.  adding the AGCM (1st Award), Meritorious Unit Commendation,  Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      _______ _   _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)                                         AR20130015780





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ABCMR Record of Proceedings (cont)                                         AR20130015780



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