IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130017634
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 and the Vietnam Service Medal.
2. The applicant states they were told if they had any questions or errors they would be kept at the discharge station until the issues were resolved.
3. The applicant provides:
* his DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 December 1974
* orders relieving him from active duty
* one page from his DA Form 2-1 (Personnel Qualification Record)
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. On 13 January 1972, he enlisted in the Regular Army for 3 years.
3. On 16 November 1973, he was assigned to the U.S. Army Medical Department Activity, Camp Samae San, Thailand. He was promoted to specialist five on 1 September 1974.
4. On 17 December 1974, he was released from active duty. He completed
2 years, 11 months, and 5 days of active service that was characterized as honorable. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" during his period of service covered by the form up to his transfer to Thailand. There are no statements disqualifying him for the award of the Army Good Conduct Medal.
6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam were also eligible for this award.
7. 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 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. 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.
DISCUSSION AND CONCLUSIONS:
1. While some members serving in Thailand were eligible for the award of the Vietnam Service Medal, the ending date for this award was 28 March 1973. The applicant didn't arrive in Thailand until 16 November 1973. Therefore, he is not eligible for the Vietnam Service Medal.
2. He received conduct and efficiency ratings of "excellent" during the period of service covered by his DA Form 20. He was promoted to specialist five. There is no record of disciplinary action and there are no statements in his record disqualifying him for the award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him his first award of the Army Good Conduct Medal for the period of service from 13 January 1972 to 17 December 1974 ending with termination of service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 (First Award) for the period of service from 13 January 1972 to 17 December 1974
* adding the Army Good Conduct Medal (First Award) to his DD Form 214 with an effective date of 17 December 1974
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Vietnam Service Medal.
_______ _ _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) AR20130017634
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ABCMR Record of Proceedings (cont) AR20130017634
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