IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140007934 


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 served his country during a time when Vietnam was a bad thing in the eyes of the general public.  He served anyway and he is very proud of his service in the Army.

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 enlisted in the Regular Army on 17 April 1967.

3.  Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 24 October 1967 to 22 October 1968;

	b.  he was assigned to Company D, 227th Aviation Battalion, 1st Cavalry Division, during his service in Vietnam; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

5.  His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

6.  He was honorably released from active duty on 16 April 1970 in the rank/grade of specialist five/E-5 after completing 3 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal with 16 Oak Leaf Clusters
* Army Commendation Medal
* Aircraft Crewmember Badge
* two overseas service bars
* National Defense Service Medal

7.  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 the 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for four campaigns.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 227th Aviation Battalion, this unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders (DAGO) Number 59 dated 1969. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Army Good Conduct Medal has been carefully considered.

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 17 April 1967 to 16 April 1970 and to add this award to his DD Form 214.

3.  He was awarded the Vietnam Service Medal; however, he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

4.  His unit in Vietnam was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  Special orders show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, this badge should be added to 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 April 1967 to 16 April 1970, and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20140007934



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ABCMR Record of Proceedings (cont)                                         AR20140007934



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