BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015048 


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 all awards he is entitled to based on his service in the Republic of Vietnam from April 1967 through April 1968.

2.  The applicant states a veteran service officer told him he is entitled to additional awards that are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 
13 April 1968.

3.  The applicant provides:

* Headquarters, 36th Signal Battalion, Special Orders Number 91, dated 
31 March 1968
* DD From 214 with an effective date of 13 April 1968
* two pages of his DA Form 20 (Enlisted Qualification Record)
* a history of the First Signal Brigade

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.  On 20 April 1966, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty 31M (Radio Operator).

3.  On 29 March 1967, he was assigned to the 324th Signal Company at Fort Hood, TX.  

4.  Headquarters, III Corps and Fort Hood, Fort Hood, TX, Special Orders Number 150, dated 21 June 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He was deployed with the 324th Signal Company to the Republic of Vietnam from 25 October 1967 to 12 April 1968.  He participated in two campaigns.

6.  On 13 April 1968, he was released from active duty.  He completed 1 year, 
11 months, and 24 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-14)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

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.  

	a.  The 324th Signal Company was awarded the Meritorious Unit Commendation (Army) for the period 25 October 1967 to 13 February 1968.

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 20 April 1966 to 13 April 1968 ending with termination of a period of Federal military service.

2.  Orders in his Military Personnel Records Jacket (MPRJ) show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

3.  Based on his service with the 324th Signal Company he is authorized the:

* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

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 (First Award) for the period 20 April 1966 to 13 April 1968.

	b.  Amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (First Award)
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert 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)                                         AR20140015048



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ABCMR Record of Proceedings (cont)                                         AR20140015048



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