IN THE CASE OF:	  

		BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140007501 


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 volunteered for the Army in 1966 and he also volunteered for and served in Vietnam from 1967 to 1968.  He received no Article 15s or any disciplinary action.  He completed his 3-year enlistment. 

3.  The applicant provides his 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.  The applicant's records show he enlisted in the Regular Army on 21 March 1966 and he held military occupational specialty (MOS) 26L (Microwave Radio Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 30 June 1967 to on or about 24 June 1968.  He was assigned to the 327th Signal Company (Radio Relay).

4.  Special Orders (SO) Number 117, issued by Headquarters, Fort Polk, LA, on 5 May 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  SO Number 86, issued by Headquarters, 50th Signal Battalion, Fort Bragg, NC, on 1 May 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

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 all "excellent" conduct and efficiency ratings except for 1 period wherein he received an academic efficiency rating of “good” while in MOS training.

7.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 20 March 1969.  His DD Form 214 shows he completed 3 years of creditable active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two overseas service bars

8.  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.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  A bronze service star is 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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with the 327th Signal Company, this unit was cited for award of the Meritorious Unit Commendation, for service from 22 July 1967 to 31 May 1968, by Department of the Army General Orders (DAGO) Number 42, dated 1968. 

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no record of any derogatory information in the applicant's service record.  He served honorably from 21 March 1966 through 20 March 1969.  He attained the rank/grade of SP5/E-5.  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.  He also received an academic efficiency rating of “good” during one period of service which was not disqualifying.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 21 March 1966 through 
20 March 1969 and to correct his DD Form 214 to show this award.

2.  GO awarded his unit in Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these unit awards should be listed on his DD Form 214.
3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 

4.  The applicant was previously awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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:

* deleting from his DD form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 21 March 1966 through 20 March 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* Meritorious Unit Commendation
* Vietnam Service Medal with three bronze service stars
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20140007501





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ABCMR Record of Proceedings (cont)                                         AR20140007501



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