BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007327 


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 he completed 3 years of active service that included two tours in Vietnam. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and multiple citations for award of the Air Medal.

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's records show he enlisted in the Regular Army on 20 March 1963 and he initially held military occupational specialty 12B (Combat Engineer). His DA Form 20 (Enlisted Qualification Record) shows he served outside the continental United States (CONUS) as follows: 

* Hawaii, from 9 August 1963 to 21 February 1965, he was assigned to Company B, 65th Engineer Battalion
* Vietnam, from 22 February 1965 to 1 June 1965, he was attached to Company A, 502nd Aviation Battalion
* Hawaii, from 2 June 1965 to 16 August 1965, he was assigned to Company B, 65th Engineer Battalion
* Vietnam, from 22 August 1965 to 2 February 1966, he was assigned to Company B, 65th Engineer Battalion (unit permanent change of station)

3.  Headquarters, U.S. Army Support Command, Vietnam General Orders Number 1075, issued on 17 July 1965, awarded him the Air Medal (4th Oak Leaf Cluster). 

4.  Headquarters, 25th Infantry Division Special Orders (SO) Number 193, issued on 13 August 1965, awarded him the Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79). 

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 24 February 1966.  His DD Form 214 shows he completed 2 years, 11 months, and 5 days of creditable active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal
* Air Medal (4th Oak Leaf Cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-4)

6.  His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  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.
8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

	b.  The Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

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

	a.  Attachment to Company A, 502nd Aviation Battalion, from 22 February 1965 to 1 June 1965, this unit was cited for awards of the: 

* Valorous Unit Award, for service from 4 to 6 April 1965, by Department of the Army General Orders (DAGO) Number 34, dated 1966
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service on 21 January 1965, by DAGO Number 46, dated 1968

	b.  Assignment to Company B, 65th Engineer Battalion, in Vietnam, form 22 August 1965 to 2 February 1966, this unit was cited for awards of the: 

* Valorous Unit Award, for service from January to April 1966, by DAGO Number 20, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from January 1966 to August 1968, by DAGO Number 48, dated 1971

10.  Department of the Army Pamphlet 672-3 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.  





DISCUSSION AND CONCLUSIONS:

1.  There is no record of any derogatory information in the applicant's service record.  He served honorably from 20 March 1963 through 24 February 1966.  He attained the rank/grade of SP4/E-4.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

2.  He served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  He served in Vietnam from 22 February 1965 to 1 June 1965 and from 22 August 1965 to 2 February 1966.  This period of service qualifies him for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.  

4.  He was previously awarded the Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  GO awarded his units in Vietnam two awards of the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards should be listed on his DD Form 214.

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 Army Good Conduct Medal (1st Award) for the period 20 March 1963 through 24 February 1966
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* Valorous Unit Award (2nd Award)
* 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)                                         AR20140007327





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ABCMR Record of Proceedings (cont)                                         AR20140007327



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