IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140016625 


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 and, in effect, requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show this award.

2.  The applicant states he meets the criteria for the award of the Army Good Conduct Medal and would like a complete complement of earned medal for display.

3.  The applicant provides 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 in the Army of the United States on 4 April 1969.  After completing initial training, he was awarded military occupational specialty 11C (Indirect Fire Crewman).  The highest rank/grade held was sergeant/E-5.

3.  Records show he served in Vietnam from 3 September 1969 to 2 September 1970.  While in Vietnam he was assigned to Company D, 5th Battalion, 12th Infantry Regiment, 196th Infantry Brigade with duty first as a Rifleman, then as a Squad Leader.  He has qualifying service for four campaigns:

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

4.  He was honorably released from active duty on 2 April 1971.  His DD Form 214 shows he completed 1 year, 11 months, and 29 days of net active creditable service.  It does not show the award of the Army Good Conduct Medal.  It does show he was awarded or authorized the following:

* Bronze Star Medal
* Air Medal
* Army Commendation Medal (3rd Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

5.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  Item 38 (Record of Assignments), sub-items listed as Conduct and Efficiency, reflects ratings of “excellent” throughout his period of service with the exception of one entry of “unknown” while at the Replacement Detachment, Company A, 7th Support Battalion, 199th Infantry Brigade.

	b.  Item 41 (Awards and Decorations) does not show the award of the Army Good Conduct Medal.

6.  A review of his official military personnel file (OMPF) shows it is void of any derogatory information regarding the applicant.

7.  His records contain the following orders:

	a.  Special Orders (SO) Number 128, dated 26 May 1969, issued by Headquarters, U.S. Army Training Center, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  SO Number 152, dated 26 June 1969, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar.

	c.  General Orders (GO) Number 2535, dated 26 December 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Army Commendation Medal with "V" Device for heroic actions on 22 November 1969.  The citation reads, in part:

[applicant] distinguished himself by heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 22 November 1969 while assigned to Company D, 5th Battalion, 12th Infantry, 196th Infantry Brigade.  On that date, [applicant] was participating in an operation with the objective of protecting a small hamlet from enemy aggression when his unit came under intense hostile fire from a unit estimated to be of company size.  Without regard for his personal safety, [applicant] exposed himself to the withering enemy fire as he maneuvered into an exposed position from which to return effective, suppressive fire upon the enemy.  He further distinguished himself by maneuvering about his company's position redistributing vital ammunition. 

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the award of the Army Good Conduct Medal.

9.  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.  

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  The 5th Battalion, 12th Infantry Regiment was awarded, in Department of the Army General Orders (DAGO) 43, dated 1972, the Valorous Unit Award for the period 1 May 1970 to 29 June 1970.

	b.  It also shows the 5th Battalion, 12th Infantry Regiment was awarded, in DAGO 51, dated 1971, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1968 to 31 August 1970.

	c.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's OMPF reveals he appears to meet the criteria for the award of the Army Good Conduct Medal.  His DA Form 20 reflects his conduct and efficiency as “excellent.”  He received numerous awards for meritorious achievement and one for valor.  Additionally, no derogatory information was found in his OMPF.  Given the foregoing, it would be appropriate to award the applicant the Army Good Conduct Medal based upon his honorable service during the period 4 April 1969 to 2 April 1971 and amend his DD Form 214 to show this award.

2.  His DD Form 214 does not properly list all of his awards; his DD Form 214 should be corrected to show these awards.

	a.  It lists his Army Commendation Medal (3rd Award) but does not show that his first Army Commendation Medal was for valor. 

	b.  Only three bronze service stars are shown for his already-awarded Vietnam Service Medal are reflected.  A check of his OMPF indicates he has qualifying service for four campaigns.

	c.  He was awarded weapons qualification badges which were not added to his DD Form 214.

	d.  The unit to which he was assigned during his tour in Vietnam received three awards while he was there.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 4 April 1969 to 2 April 1971.

	b.  Deleting the entry on his DD Form 214 which shows the award of the Army Commendation Medal (3rd Award) and the Vietnam Service Medal with three bronze service stars.

	c.  Adding the following awards:

* Army Commendation Medal with "V" Device and two oak leaf clusters
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20140016625





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ABCMR Record of Proceedings (cont)                                         AR20140016625



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