IN THE CASE OF:  	  

		BOARD DATE:  25 June 2015	  

		DOCKET NUMBER:  AR20140018879 


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 correction of his DD Form 214 (Armed Forces of the United States) to show award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states the Army Good Conduct Medal was not awarded to him. Additionally, all units in Vietnam received the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides his DD Form 214, his DA Form 20 (Enlisted Qualification Record), and a printout regarding the Army Good Conduct Medal. 

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's records show he enlisted in the Regular Army on 30 January 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Headquarters, U.S. Army Training Center, Fort Polk, LA, published the following special orders (SO) awarding him the below badges:

* SO Number 115, on 6 May 1968, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 86, on 15 May 1968, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  His DA Form 20 shows he served in Vietnam from on or about 6 July 1968 to on or about 7 July 1969.  He was assigned to Company C, 5th Battalion, 46th Infantry, 198th Infantry Brigade. 

5.  His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings.

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 29 January 1970.  His DD Form 214 shows he completed 2 years of creditable active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart (1st Oak Leaf Cluster)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Commendation Medal

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; 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.  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.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no record of any derogatory information in the applicant's service record.  He served honorably from 30 January 1968 to 29 January 1970.  He attained the rank/grade of SP4/E-4, served a qualifying period of service, and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification.  He also received multiple combat awards.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 14 should be corrected to show this unit award.  

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 
4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting from his DD form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 30 January 1968 through 29 January 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   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)                                         AR20140018879



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ABCMR Record of Proceedings (cont)                                         AR20140018879



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