BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140003346 


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 earned the AGCM but he was never issued it.

3.  The applicant provides no additional documentary evidence.

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.  On 16 May 1966, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11D (Armor Intelligence Specialist).  He attained the rank of specialist four/pay grade E-4.



3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that while serving in Vietnam he was assigned to:

* C Troop, 3d Squadron, 5th Cavalry, 9th Infantry Division, performing duties as a medical specialist during the period 12 December 1966 to 5 October 1967
* Troop B, 1st Squadron, 11th Armored Cavalry, performing duties as a senior scout observer during the period 6 October 1967 to 12 December 1967

4.  On 15 May 1968, he was honorably released from active duty.  He completed 2 years of creditable active service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge 
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one Overseas Service Bar

5.  His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority.  He received all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

7.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.
8.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

* 3d Squadron, 5th Cavalry, 9th Infantry Division, was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* 1st Squadron, 11th Armored Cavalry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by DAGO Number 60, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 16 May 1966 through 15 May 1968 and to add this award to his DD Form 214.

2.  His units were awarded the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service with those units in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The applicant served a qualifying period of service for award of two Overseas Service Bars; therefore, he is entitled to correction of his DD Form 214 to show two Overseas Service Bars.

4.  In view of the foregoing, he is entitled to have his records corrected as recommended below.


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 from his DD Form 214 the Overseas Service Bar;

	b.   awarding him the AGCM (1st Award) for the period 16 May 1966 through 15 May 1968; and

	c.  adding to his DD Form 214 the:

* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* two Overseas Service Bars



      _________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)                                         AR20140003346



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ABCMR Record of Proceedings (cont)                                         AR20140003346



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