IN THE CASE OF:	 

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140005281 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal and the Presidential Unit Citation.

2.  The applicant states he served with another individual who recently had his DD Form 214 corrected to show the requested awards.

3.  The applicant provides copies of his DD Form 214 and 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 was inducted into the Army of the United States on 9 December 1965.  He completed training as an Infantry Indirect Fire Crewman.  

3.  On 21 February 1966, Special Orders Number 48 were published awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He arrived in Vietnam on 22 September 1966 and was assigned to Company C, 2nd Battalion (Mechanized), 22nd Infantry Regiment, 4th Infantry Division.

5.  He participated in the Vietnam Counteroffensive, Phase II Campaign, which extended from 1 July 1966 through 31 May 1967, and the Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

6.  He departed Vietnam en-route to the United States on 26 August 1967.  He was released from active duty at the expiration of his term of service.  His DD Form 214 shows the following awards:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Vietnam Campaign Medal
* Combat Infantryman Badge

5.  His DA Form 20, last audited on 29 September 1967, shows his conduct and efficiency ratings were "excellent" while he was in the Army.  There is no evidence in his record of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The unit to which the applicant was assigned was cited for the:

	a.  Presidential Unit Citation for the period 21 March 1967 by Department of the Army General Order (DAGO) Number 59, dated 1968.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 1 August 1967 by DAGO Number 48, dated 1971.

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  He received conduct and efficiency ratings of "excellent" during his service.  In order to be awarded the Army Good Conduct Medal, an enlisted person must have had all "excellent" conduct and efficiency ratings.  Based on his conduct and efficiency ratings, he is eligible for award of the Army Good Conduct Medal (First Award) and his DD Form 214 should be amended to show this award.

2.  His DD Form 214 should also be amended to show he is authorized the following awards:

* Vietnam Service Medal with two bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  awarding him the Army Good Conduct Medal (First Award) for the period 9 December 1965 through 8 December 1967; 

	b.  amending his DD Form 214 to delete the Vietnam Service Medal with bronze service star; and 

	c.  amending his DD Form 214 to add the following awards:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140005281



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ABCMR Record of Proceedings (cont)                                         AR20140005281



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