BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009768
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 through a clerical error his DD Form 214 does not show award of the Army Good Conduct Medal.
3. The applicant provides no supporting documentation.
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 served on active duty in the Regular Army from 5 May 1966 through 2 May 1969 in the military occupational specialty 71B (Clerk Typist).
3. His DA Form 20 (Enlisted Qualification Record) shows
* promotion to specialist five (E-5)
* he served in Vietnam during two campaigns, from 1 November 1966 through 11 October 1967, with Headquarters and Headquarters Company, Special Troops Battalion Vietnam
* his conduct and efficiency ratings were excellent
* he had no lost time
4. His DD Form 214 lists his awards as the NDSM, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. His record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible 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 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.
7. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the Vietnam Service Medal.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the Special Troops Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings and his advancement to pay grade E-5. The record contains no indication of any disqualifying incidents or recommendations. It is appropriate to award him the Army Good Conduct Medal for his period of service from 5 May 1966 through 2 May 1969.
2. The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.
3. The applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It is appropriate include this unit award 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 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 for his period of service from 5 May 1966 through 2 May 1969; and
b. amending his DD Form 214 to delete the Vietnam Service Medal and add the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam 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) AR20140009768
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ABCMR Record of Proceedings (cont) AR20140009768
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