IN THE CASE OF: 

		BOARD DATE:	   22 July 2014

		DOCKET NUMBER:  AR20130020196 


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 put on his uniform when he was getting out of the Army, but he never received it and it is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides his DD Form 214 and a description of the criteria for award of the Army Good Conduct Medal.

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 23 April 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, published the following special orders (SO) pertaining to the applicant:

* SO Number 167, dated 16 June 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 208, dated 27 July 1969, awarding him the Second Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* SO Number 218, dated 6 August 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He served in Vietnam from 22 September 1969 to 20 September 1970.  He was assigned to 2nd Battalion, 506th Infantry Regiment, 101st Airborne Division.

5.  Headquarters, 101st Airborne Division (Airmobile), published the following general orders (GO) pertaining to the applicant:

* GO Number 2067, dated 24 February 1970, awarding him the Air Medal for meritorious achievement on 25 January 1970
* GO Number 3057, dated 20 March 1970, awarding him the Air Medal (2nd Award) for meritorious achievement from 1 November 1969 to 1 January 1970

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 22 April 1971.  He completed 2 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* Bronze Star Medal

7.  His records do not contain orders awarding him the Army Good Conduct Medal.  His records show no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Summer-Fall 1969 – 9 June-31 October 1969
* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 2nd Battalion, 506th Infantry Regiment, in Vietnam from 22 September 1969 to 20 September 1970, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 3 October 1968 to 2 May 1970 based on Department of the Army GO Number 48, dated 1971.

11.  Department of the Army GO Number 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 23 April 1969 through 22 April 1971.  He attained the rank of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  Absent any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should also be corrected to show this award.

2.  He was awarded the Vietnam Service Medal.  He participated in four campaigns while serving in Vietnam; therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He was awarded two Air Medals.  His DD Form 214 lists only one award.  Therefore, his DD Form 214 should be corrected to show the Air Medal (2nd Award).

5.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar 
(M-60).  Therefore, his DD Form 214 should be corrected to show these badges.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 April 1969 through 22 April 1971
* deleting award of the Air Medal and Vietnam Service Medal with two bronze service stars from his DD Form 214
* adding the following awards to his DD Form 214 –

* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)




      ____________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)                                         AR20130020196



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ABCMR Record of Proceedings (cont)                                         AR20130020196



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