IN THE CASE OF: 

		BOARD DATE:	    17 July 2014

		DOCKET NUMBER:  AR20130021506 


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 never received the AGCM.  He served in combat in Vietnam and his conduct was exemplary.  He believes that at the time, some Army clerks were unaware the award was granted to personnel who served in combat with one year of faithful service.  He adds that he never received any negative charges during his two years of service.  

3.  The applicant provides a 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 was inducted into the Army on 6 August 1965.

3.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 21 July 1966 to 
15 July 1967
* item 38 (Record of Assignments), he served with Company C, 1st Battalion, 12th Infantry while in Vietnam 
* item 38, he received "all excellent" conduct and efficiency ratings throughout most of his active duty service except for a period of "unknown" rating from 17 December 1965 to 5 February 1966

5.  His record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.

6.  His DD Form 214 shows he was honorably released from active duty on 
16 July 1967 in the rank of sergeant after completing 1 year, 11 months, and 
11 days of active duty service.  It further shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)

7.  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.  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.

8.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following two campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)

9.  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 that during his assignment to the 1st Battalion, 12th Infantry, this unit was cited for the following unit awards.

* Valorous Unit Award for the period 11-13 November 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968 and for the period 1 January-5 April 1967 by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966-28 July 1969 by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AGCM has been carefully considered.  

2.  The evidence of record shows he received  all "excellent" conduct and efficiency ratings throughout most of his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM.  He received ratings of "unknown" for a portion of his active duty service; however, the governing regulation at the time provided that ratings of "unknown" were not disqualifying.  He should be awarded the AGCM for the period 6 August 1965 to 16 July 1967 and his DD Form 214 should be corrected to show this award.

3.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  This badge should be added to his DD Form 214.

4.  He participated in two campaigns during his service in Vietnam; therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His unit in Vietnam was cited in general orders for two awards of the Valorous Unit Award and one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 August 1965 to 16 July 1967; and 

	c.  adding to his DD Form 214 the following awards:
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award (2nd award)
* 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


      	_______ _ 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)                                         AR20130021506



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ABCMR Record of Proceedings (cont)                                         AR20130021506



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