IN THE CASE OF:  

		BOARD DATE:  9 June 2015	  

		DOCKET NUMBER:  AR20140016282 


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 the Army Good Conduct Medal be awarded to his 
DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states Army regulations provided that he could have received the Army Good Conduct Medal for less than 3 full years of active duty service.

3.  The applicant provides a copy of his DD Form 214.

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 on 19 October 1965 and completed training as a power plant operator/mechanic.

3.  His DA Form 20 (Enlisted Qualification Record) shows in – 

* item 38 (Record of Assignments) service in Vietnam from 22 May 1966 to 7 May 1967 with C Company, 121st Signal Battalion
* item 39 (Campaigns) credit for two campaign periods
* item 41 (Awards and Decorations) – Vietnam Service Medal, National Defense Service Medal, Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Headquarters, 2nd Armored Division General Orders Number 348, dated 16 October 1967 awarded him the Army Good Conduct Medal for the period 19 October 1965 to 18 October 1967.

5.  The applicant was honorably released from active duty on 18 October 1967 and transferred to the U.S. Army Reserve in pay grade E-4.  His DD Form 214 lists his authorized awards as the Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Campaign Medal with Device (1960), and the National Defense Service Medal.

6.  The applicant appears to be authorized other awards.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s Vietnam unit was awarded the:

* Meritorious Unit Commendation for the period June 1966 through May 1967 by Department of the Army General Order (DAGO) Number 17 dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21 of 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53 dated 1970.
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Good Conduct Medal 2 days before his separation from active duty.  However, it did not get entered on his DD Form 214.

2.  Records show he is also authorized the – 

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
3.  Therefore, the above awards 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 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 adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140016282





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016282



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1