IN THE CASE OF:  	  

		BOARD DATE:  23 June 2015	  

		DOCKET NUMBER:  AR20140018715 


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 following:

* award of the Army Good Conduct Medal
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal and any other awards he is entitled to

2.  The applicant states:

   a.  He thinks he earned and deserves the Army Good Conduct Medal and other awards/medals.  His service with Battery B, 4th Battalion, 42nd Artillery, 4th Infantry Division, in Vietnam, from July through November 1970 is not reflected.  Also, he believes his units in the 2nd Battalion, 9th Artillery; and 4th Battalion, 42nd Artillery, 4th Infantry Division were cited for unit awards for the period from December 1969 through November 1970.  He would also like to know if he is entitled to any awards for his service in Germany from December 1970 through July 1971 with the 3rd Battalion, 35th Artillery Regiment in the VII Corps?  

   b.  The attached DA Form 20 (Enlisted Qualification Record) shows he received "excellent" and "good" ratings.  This form also shows some awards he was not issued as the Republic of Vietnam Gallantry with Palm Unit Citation was lined-through.  When he applied for a job with the Pennsylvania Police Department the absence of the Army Good Conduct Medal on his DD Form 214 was brought to his attention during the interview.
3.  The applicant provides copies of the following:

* Order To Report For Induction
* DA Form 20
* Special Orders (SO) Number 151
* SO Number 185
* SO Number 144
* letter to his parents
* SO Number 232
* SO Number 355
* SO Number 65
* Certificate of Distinguished Service
* General Orders (GO) Number 3413
* GO Number 5106
* two Army Commendation Medal certificates and citations
* SO Number 262
* two Certificates of Appreciation
* Standard Form 88 (Report of Medical Examination)
* SO Number 119
* SO Number 135
* DD Form 1351 (Travel Voucher)
* SO Number 157
* two DA Forms 2496-1 (Disposition Form)
* Drug abuse memorandum for all personnel separating from the Army
* Reserve Forces Participation information
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* SO Number 214
* twenty-six DA Forms 2139 (Military Pay Voucher)
* DD Form 214 (2 copies)
* Honorable Discharge Certificate
* U.S. Army Reserve (USAR) discharge orders
* letters from the USAR Personnel Center and National Personnel Records Center
* newspaper article pertaining to Vietnam

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 the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 6 August 1969.  He served in military occupational specialty 13A (cannoneer).  

3.  He served in Vietnam from 22 December 1969 through 21 December 1970, during three campaigns.  He was assigned to:

* Battery C, 2nd Battalion, 9th Artillery, 4th Infantry Division, from 7 January through 7 March 1970
* Battery B, 4th Battalion, 42nd Artillery, 4th Infantry Division, from 8 March 1970 through 27 October 1970

4.  He served in Germany from 12 December 1970 through 26 July 1971.  He was assigned to Battery B, 3rd Battalion, 35th Artillery Regiment.

5.  He was honorably released from active duty in pay grade E-4 on 2 August 1971.  He was credited with completing 1 year, 11 months, and 27 days of net active service.  His DD Form 214 lists the:

* Army Commendation Medal (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) that he received a "good" conduct and an "excellent" efficiency rating (entered on the incorrect line) from 14 December 1970 through 29 July 1971
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214, plus the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is lined-through

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 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-marital.

8.  Army Regulation 600-8-22 (Military Award) states:

   a.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

   b.  Awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army GOs.

9.  Army Regulation 670-1 governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service for the specific time frames and areas of operation.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the:

* 2nd Battalion, 9th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 29 July 1969 through 10 April 1970, by DAGO Number 52, dated 1971
* 4th Battalion, 42nd Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971

11.  DA Pamphlet 672-3 further states that 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.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows a period of service wherein he received a "good" conduct rating.  Therefore, he is not authorized award of the Army Good Conduct Medal.

2.  With regard to any other awards he is entitled to or authorized:

   a.  He served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
   
   b.  He 	served in Vietnam from 22 December 1969 through 21 December 1970, a period of 12 months.  By regulation, an overseas service bar is authorized for each 6-month period.  Therefore, his DD Form 214 should be corrected to show two overseas service bars for this service.
   
   c.  GO awarded both of his units during his period of service in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  There is no available evidence showing he is authorized any awards for his period of service in Germany.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from his DD Form 214 the Vietnam Service Medal and one overseas service bar

* adding to this DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* two overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal (1st 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)                                         AR20140018715





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018715



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1