IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130016063
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 this award was never issued to him and it does not appear on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides his DD Form 214, ending 3 October 1968.
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 4 October 1965. He completed training and he was awarded military occupational specialty 63H (Automotive Repairman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) he was assigned to the 140th Heavy Equipment Maintenance Company in Vietnam from 25 June 1966 through
6 January 1968;
b. Item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station wherein he received "----" ratings (unknown); and
c. Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal. There is no evidence of disciplinary actions against the applicant 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.
4. He was honorably released from active duty on 3 October 1968. 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)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. 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.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:
* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 record shows he received "excellent" conduct and efficiency ratings for each duty assignment with the exception of brief periods of "unknown" ratings which were not disqualifying. Therefore, he should be awarded this medal for the period from 4 October 1965 to 3 October 1968 and his DD Form 214 should be corrected to show this award.
2. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his
DD Form 214 should be corrected to show this unit award.
3. Records show he participated in three campaigns that entitle him to three bronze service stars for wear on his already-awarded Vietnam Service Ribbon. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
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 Army Good Conduct Medal (1st Award) for the period
4 October 1965 through 3 October 1968; and
b. adding to his DD Form 214 for the period ending 3 October 1968 the:
* Army Good Conduct Medal (1st Award)
* three bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm 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) AR20130016063
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ABCMR Record of Proceedings (cont) AR20130016063
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