IN THE CASE OF:	

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130021289 


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 he believes he met the criteria for and is deserving of the award of the Army Good Conduct Medal.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 24 June 1968 and held military occupational specialty 35L (Avionic Communications Equipment Repairman).  The highest rank he attained while serving on active duty was specialist five.

3.  Special Orders Number 228, issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA on 16 August 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 20 October 1969 to 26 December 1970.  During this period he served with the following units during the cited periods:

* 605th Transportation Company, from 1 November 1969 through                1 December 1969
* 605th Transportation Company with duty at the Avionic Electrical Support Company, Central (Provisional), attached to the 34th General Support Company, from 2 December 1969 through 11 October 1970
* 165th Transportation Company with duty at the Avionic Electrical Support Company, Central (Provisional), attached to the 34th General Support Company, from 12 October 1970 to 26 December 1970

5.  General Orders Number 4280, issued by Headquarters, 1st Aviation Brigade, on 27 May 1970, awarded him the Army Commendation Medal (1st Award).

6.  General Orders Number 275, issued by Headquarters, 1st Aviation Brigade, on 12 January 1971, awarded him the Army Commendation Medal (2nd Award).

7.  He was honorably released from active duty on 29 December 1970.  His     DD Form 214 shows he completed 2 years, 6 months, and 6 days on net active service, of which 1 year, 2 months, and 10 days was credited as foreign service. Additionally, his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

8.  There is no documentation in his available record that shows he was awarded the AGCM.  A review of his available record shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal, for the period 24 June 1968 through 29 December 1970.

9.  Army Regulation 672-5-1 (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.

10.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns:

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows:

	a.  The 605th Transportation Company was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 to 31 January 1970, by Department of the Army General Orders (DAGO) Number 51, dated 1971.

	b.  Headquarters and Headquarters Company, 34th General Support Group was cited for award of the:

* Meritorious Unit Commendation for the period 1 February 1970 to 
31 July 1970, by DAGO Number 71, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972, by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  He served honorably during the period 24 June 1968 through 29 December 1970.  There is no derogatory information in the form of nonjudicial punishment 

or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to add it. 

2.  General orders awarded him the Army Commendation Medal (2nd Award); therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  General orders awarded his units in Vietnam the Meritorious Unit Commendation (2nd Award) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his periods of assignment.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This marksmanship badge is not shown on his    DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add this badge.

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 
24 June 1968 through 29 December 1970;
	b.  deleting from his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal; and 

	c.  adding to his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _   _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)                                         AR20130021289





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ABCMR Record of Proceedings (cont)                                         AR20130021289



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