IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140011391
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 Good Conduct Medal and any additional awards for his service in Vietnam not shown on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states only that he is missing some awards.
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 in the Regular Army from 10 June 1968 through 26 April 1971 in military occupational specialty 76P (Stock Control and Accounting Specialist).
3. His DA Form 20 (Enlisted Qualification Record) provides the following
* promotion to specialist five (E-5) effective 21 January 1970
* conduct and efficiency rating of exclusively "excellent"
* service in Vietnam from 30 May 1970 through 26 April 1971
* assignment to the 490th General Supply Company (3 21 June 1970) and the 855th General Supply Company (22 June 1970 21 April 1971)
* award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (with the M-14 and
M-16) rifles.
4. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.
5. The available records do not include orders for any award or decoration except his marksmanship qualification badges.
6. His DD Form 214 lists his awards as National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (with the
M-14 and M-16) rifles.
7. Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973.
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, 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.
9. 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 appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam he participated during the following two campaigns: the DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970 and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.
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 the applicant the first award of the Army Good Conduct Medal for his period of service from 10 June 1968 through 26 April 1971.
2. The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal. It would be appropriate to correct his DD Form 214 to reflect this fact.
3. In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It would be appropriate to correct his DD Form 214 to reflect this fact.
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. deleting from his DD Form 214 the Vietnam Service Medal;
b. awarding him the Army Good Conduct Medal (1st award) for his period of service from 10 June 1968 through 26 April 1971;
c. adding to his DD Form 214
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* 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) AR20140011391
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ABCMR Record of Proceedings (cont) AR20140011391
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