BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140005295 


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.  He states he was authorized the AGCM but it was never awarded to him.

3.  He provides a Letter of Appreciation and 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.  On 5 July 1966, he was inducted into the Army of the United States.  He was awarded military occupational specialty 13A (Field Artillery Crewman).  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:

* Battery C, 2nd Battalion, 19th Artillery, 1st Cavalry Division, performing duties as a cannoneer during the period 20 December 1966 to 2 January 1967
* Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division, performing duties as a cannoneer during the period 3 January 1967 to 9 December 1967

4.  On 3 July 1968, he was honorably released from active duty.  He completed 1 year, 11 months, and 29 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM) with one bronze service star
* Air Medal
* Army Commendation Medal (ARCOM)
* Sharpshooter Marksmanship Qualification Badge with Rifle 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 except for one period of “unknown” while assigned to Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division.  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 (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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  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.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.
8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited
campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2nd Battalion, 19th Artillery, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, 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 except for one period of “unknown” that was not disqualifying.  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.  The fact he was awarded an ARCOM depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 5 July 1966 through 3 July 1968 and to add this award to his DD Form 214.

2.  He was awarded the VSM and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

3.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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.  awarding him the AGCM (1st Award) for the period 5 July 1966 through 3 July 1968;

   b.  deleting from his DD Form 214 the VSM with one bronze service star; and 
   
	c.  adding to his DD Form 214 the:

* AGCM (1st Award)
* VSM with two bronze service stars  
* RVN 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)                                         AR20140005295



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ABCMR Record of Proceedings (cont)                                         AR20140005295



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