IN THE CASE OF:	   

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140002915 


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 served honorably from 1 November 1968 to 12 October 1972.

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 13 October 1966.

3.  He served in Panama from 9 January 1967 through 18 January 1968.  He served in Vietnam from 17 March 1968 through on or about 10 March 1969 and he participated in five campaigns.  While serving in Vietnam, he was assigned as follows:

* 603rd Transportation Detachment from 29 March 1968 to 14 September 1968
* Company B, 101st Aviation Battalion, from 15 September 1968 to 17 October 1968
* Headquarters and Headquarters Company, 101st Assault Helicopter Battalion, from 18 October 1968 to on or about 10 March 1969

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the AGCM.

5.  His records show he received all "excellent" conduct and efficiency ratings.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

6.  On 10 October 1969, he was honorably released from active duty.  He completed 2 years, 11 months, and 28 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

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.  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.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  This pamphlet shows the:

* 603rd Transportation Detachment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 in Department of the Army General Orders Number 46, dated 1969
* 101st Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 in Department of the Army General Orders Number 43, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  He served honorably during the period 13 October 1966 through 10 October 1969.  He received "excellent" conduct and efficiency ratings throughout his service and his records do not contain a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

2.  He participated in five campaigns during his service in Vietnam which authorizes a silver service star with his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this service star.

3.  General orders awarded two of the units to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).



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 AGCM (1st Award) for the period 13 October 1966 through 10 October 1969
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

*	AGCM (1st Award)
*	Vietnam Service Medal with one silver service star
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      ___________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)                                         AR20140006095



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ABCMR Record of Proceedings (cont)                                         AR20140002915



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