IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004080 


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 it is possible the award was omitted because the Vietnam War was still going on when he got out of the service.  It is also possible the award was lost in the shuffle. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and page 3 of his 4-page DA Form 20 (Enlisted Qualification Record). 

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 25 October 1965 and he held military occupational specialty 74B (Communications Center Specialist). 

3.  He served in Germany from on or about 25 May 1966 to on or about 15 March 1967.  He also served in Vietnam from on or about 25 May 1967 to on or about 24 May 1968.  While in Vietnam, he was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 1st Cavalry Division. 

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 24 October 1968.  He completed 3 years of active service with no time lost His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

5.  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 all "excellent" conduct and efficiency ratings throughout his military service. 

6.  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. 

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with HHC, 1st Brigade,   1st Cavalry Division, from on or about 25 May 1967 to on or about 24 May 1968, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service for the period from 9 August 1965 to 19 May 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969.

8.  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 III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 25 October 1965 through 24 October 1968.  He completed 3 consecutive years of active service, attained the rank of SGT/E-5, served in Vietnam, and received all "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 first award of the Army Good Conduct Medal 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.  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 for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze stars.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 October 1965 through 24 October 1968;

   b.  deleting from his DD Form 214 the Vietnam Service Medal; and
   
	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20140004080





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ABCMR Record of Proceedings (cont)                                         AR20140004080



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