IN THE CASE OF:	   

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002525 


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 served honorably but he took an early out.  He believes because he did not complete 3 full years of service he was not issued this 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 30 September 1966 and he held military occupational specialty 72B (Communications Center Specialist). 

3.  His DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 rifle on 8 November 1966 and sharpshooter with the M-16 rifle in November 1967.

4.  He served in Vietnam from 14 December 1967 to 3 May 1969.  While in Vietnam, he was assigned to:

* Headquarters and Headquarters Battery, 1st Battalion, 321st Artillery, from on or about 16 December 1967 to 1 April 1968
* Headquarters and Headquarters Company, 501st Signal Battalion (Airborne), from 2 April 1968 to 29 April 1969

5.  General Orders (GO) Number 5517, issued by Headquarters, 101st Airborne Division, on 6 September 1968, awarded him the Army Commendation Medal for meritorious achievement from March 1968 to July 1968. 

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 5 May 1969.  He completed 2 years, 7 months, and 6 days 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
* Vietnam Campaign Medal
* Parachutist Badge

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 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 Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969
* Tet 69/Counteroffensive, 23 February-8 June 1969

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 1st Battalion, 321st Artillery, in Vietnam from on or about 16 December 1967 to 1 April 1968, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 18 March 1968 to 2 May 1970 based on DAGO Number 48, dated 1971. 

11.  DA Pamphlet 672-3 shows during his service with the 501st Signal Battalion in Vietnam from 2 April 1968 to 29 April 1969, this unit was cited for award of the:

* Meritorious Unit Commendation, for service from 1 January to 31 August 1968, based on DAGO Number 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970, based on DAGO Number 48, dated 1971 (overlapping with previous unit)

12.  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 30 September 1966 through 5 May 1969.  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.  GO awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  GO awarded his units in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the 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 the Vietnam Service Medal.  He also participated in three campaigns while serving in Vietnam; therefore, he is authorized three bronze service stars with his already-awarded Vietnam Service Medal.

5.  He qualified marksman with the M-14 rifle and sharpshooter with the M-16 rifle.  Therefore, he is entitled to award of Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and correction of his DD Form 214 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 30 September 1966 through 5 May 1969
* deleting award of the Vietnam Service Medal and adding the following awards to his DD Form 214 –

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



      _______ _   _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)                                         AR20140002525





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ABCMR Record of Proceedings (cont)                                         AR20140002525



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