BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014360 


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 did not receive the Army Good Conduct Medal.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 February 1971.

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 was inducted into the Army of the United States and entered active duty on 7 March 1968.  He was subsequently discharged for immediate enlistment on 14 March 1968 and he enlisted in the Regular Army on 15 March 1968.  He held military occupational specialty 82C (Artillery Surveyor) and attained the rank/grade of specialist five (SP5)/E-5.

3.  Special Orders Number 226, issued by Headquarters, 2nd Target Acquisition Battalion, 26th Artillery Regiment, Fort Bragg, North Carolina on 17 December 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 28 July 1969 to 24 July 1970.  During this period he was assigned to:

* Headquarters and Headquarters Battery (HHB), 3rd Battalion, 6th Artillery Regiment from 2 August 1969 to 14 March 1970
* HHB, 8th Battalion, 26th Artillery Regiment from 16 March 1970 to 23 July 1970

5.  He was honorably released from active duty on 26 February 1971 at the conclusion of 2 years, 11 months, and 12 days of net active service, of which 11 months and 27 days were credited as foreign service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

6.  A review of his service records shows he had "excellent" conduct and efficiency ratings and no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for the period 7 March 1968 through 26 February 1971.

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 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), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award 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 the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

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:

	a.  The 3rd Battalion, 6th Artillery Regiment, to which the applicant was assigned during a portion of his service in Vietnam, was cited for award of the Republic Of Vietnam Gallantry Cross with Palm Unit Citation for the period         
1 August 1965 through 17 April 1971 by Department of the Army General Orders (DAGO) Number 54, dated 1974.

	b.  HHB, 8th Battalion, 26th Artillery Regiment, to which the applicant was assigned during a portion of his service in Vietnam, was cited for award of the Republic Of Vietnam Gallantry Cross with Palm Unit Citation for the period         
1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974.  

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.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows he served honorably during the period 7 March 1968 through 26 February 1971.  There is no derogatory information in the form of court-martial convictions, nonjudicial punishment, or suspensions of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate his commander denied his receipt of this award.  He received "excellent" conduct and efficiency ratings.  Based on the totality of the evidence, it appears he met the criteria for this award.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 7 March 1968 through    26 February 1971, and to correct his DD Form 214 to add this award.

3.  He participated in four campaigns while serving in Vietnam; however, his    DD Form 214 only records his participation in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  This marksmanship badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add this badge.

5.  General orders awarded each of his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.
  
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 (1st Award) for the period 
7 March 1968 through 26 February 1971;

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal with two bronze service stars and adding the: 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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)                                         AR20140014360



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ABCMR Record of Proceedings (cont)                                         AR20140014360



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