IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016775 


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.  He also requests that his reentry eligibility (RE) code of 4 be changed to an RE code of 1.

2.  The applicant states he believes both these issues were due to administrative error. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 January 1970. 

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 9 January 1967, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 05B (Radio Operator).

3.  Headquarters, 1st Training Brigade, Fort Jackson, SC, Special Orders Number 47, dated 28 February 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam from 22 July 1967 through 28 February 1969 and he participated in six campaigns.  He was:

* assigned to Headquarters and Headquarters Company (HHC), 459th Signal Battalion from 7 August - 31 August 1967
* assigned to Company A, 459th Signal Battalion from 1 September 1967 - 15 January 1968
* attached to HHC, 5th Special Forces Group (SFG) (Airborne) from 
16 January 1968 - 28 February 1969

5.  On 26 November 1968, he was promoted to the rank of sergeant (SGT)/pay grade E-5.

6.  Headquarters, 5th SFG (Airborne), 1st Special Forces issued the following general orders:

* Number 991, dated 12 June 1968, awarding the applicant the Army Commendation Medal for meritorious achievement from 29 January to 
29 February 1968
* Number 879, dated 17 June 1969, awarding the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from 16 January 1968 - 3 March 1969

7.  On 8 January 1970, he was released from active duty.  He completed 3 years of active service that was characterized as honorable.  His DD Form 214 shows he was assigned an RE code 4 and he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Vietnam Service Medal
* Meritorious Unit Citation


8.  A DD Form 215 (Correction to DD Form 214), dated 29 May 1974, shows his RE code 4 was corrected to an RE code of 1B.

9.  There is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  The available evidence does not show any indiscipline or lost time.  His records do not contain any adverse information.  His records show he received "excellent" conduct and efficiency ratings throughout his period of service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	 a.  The 459th Signal Battalion was awarded the Meritorious Unit Commendation (Army) for the period 15 October 1966 - 30 April 1968.

	 b.  The 5th SFG was awarded the:

*  Presidential Unit Citation (Army) for the period 1 November 1966 - 
	 31 January 1968
*  Meritorious Unit Commendation (Army) for the period 31 January - 
	 31 December 1968
*  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 	      period 1 October 1964 - 17 May 1969
*  Republic of Vietnam Civil Actions Honor Medal First Class Unit 	               Citation for the period January 1968 - 24 September 1970

11.  Army Regulation 600-8-22 (Military Awards) states 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).  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.


DISCUSSION AND CONCLUSIONS:

1.  A DD Form 215, dated 29 May 1974, corrected his RE code to 1B.  Therefore, no further action is required concerning his RE code.

2.  The applicant's records do not show any indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his period of military service, and there is no record of a commander's disqualification.  He was awarded two Army Commendation Medals and he was promoted to SGT.  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 9 January 1967 to 8 January 1970.

3.  Orders show he was awarded two Army Commendation Medals.  Both awards should be shown on his DD Form 214.

4.  Based on his service with the 459th Signal Battalion he is authorized the Meritorious Unit Commendation (Army).

5.  Based on his service with the 5th SFG he is authorized the:

* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  He participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and one bronze service stars to be worn on his already-awarded Vietnam Service Medal.

7.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  In view of the above, he should be awarded the Army Good Conduct Medal (1st Award) and all of the above awards that 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 amending his DD Form 214 with an effective date of 8 January 1970 by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period of service from 9 January 1967 to 8 January 1970; and

	b.  deleting the Army Commendation Medal, Meritorious Unit Citation,
 and Vietnam Service Medal; and

   c.  adding the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2 Awards)
* Presidential Unit Citation (Army)
* Meritorious Unit Commendation (Army) (2 Awards)
* Vietnam Service Medal with 1 silver service star and 1 bronze service 	star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 




      _______ _   __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)                                         AR20140016775



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ABCMR Record of Proceedings (cont)                                         AR20140016775



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