IN THE CASE OF:	

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020960


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 (AGCM).

2.  The applicant states:

   a.  he was never awarded the AGCM after completing 4 years of outstanding service;
   
   b.  he obtained accelerated promotions to the ranks of sergeant (SGT/E-5) and staff sergeant (SSG/E-6) and was awarded the Army Commendation Medal (ARCOM) for meritorious service in Vietnam; and
   
   c.  he believes personnel unintentionally overlooked his military record.

3.  The applicant provides no additional documents with his application.

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 into the Army of the United States and entered active duty on 15 June 1964.  He served until he was honorably discharged for the purpose of immediate reenlistment on 7 July 1965, after completing 1 year and 23 days of creditable active duty service.

3.  On 8 July 1965, the applicant enlisted in the Regular Army.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

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

   a.  item 31 (Foreign Service) - he was twice assigned to the Republic of Vietnam (RVN) with the following units during the indicated periods:

* 10 January 1966 to 11 June 1967 – Company C, 1st Battalion, 12th Cavalry Regiment
* 14 February 1968 to on or about 11 June 1968 – Company E, 1st Battalion, 505th Infantry Regiment

   b.  item 29 (Qualification in Arms) – he qualified as a "marksman" with the 
M-14 Rifle and "expert" with the M-16 Rifle;
   
   c.  Item 33 (Appointments and Reductions) – he was promoted to the rank of SGT on 19 September 1966 and to SSG on 8 May 1967;
   
   d.  item 38 (Record of Assignments) – the applicant received all "excellent" conduct and efficiency ratings at each of his active duty assignments; and

   e.  Item 40 (Wounds) – he sustained a gunshot wound to his left ankle on 23 February 1966 and fragment wounds to his hand and back on 23 September 1966.

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  It also includes the following two General Orders (GO) Numbers (#) as indicated:

   a.  Headquarters, 1st Cavalry Division, GO #3389, dated 27 September 1966, announced his award of the Purple Heart with 1st Oak Leaf Cluster (PH w/OLC) which denotes two of these awards.
   b.  Headquarters, 101st Airborne Division, GO #8723, dated 31 October 1968, announced his award of the ARCOM for meritorious service in the RVN from 14 February to 15 June 1968.

6.  On 18 June 1968, the applicant was honorably released from active duty by reason of "overseas returnee" after completing a total of 4 years and 4 days of creditable active duty service.  The DD Form 214 issued at that time shows he earned the following awards:

* Purple Heart
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Parachutist Badge
* Combat Infantryman Badge

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Chapter 4 prescribes the policy for award of the AGCM.  It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation in effect at the time of the applicant's separation stipulated that in order to qualify for the AGCM, a member must have had all "excellent" conduct and efficiency ratings.
   
   b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his units earned the following awards as indicated:

* Company C, 1st Battalion, 12th Cavalry Regiment - the Presidential Unit Citation (PUC) and RVN Gallantry Cross (RVNGC) with Palm Unit Citation
* Company E, 1st Battalion, 505th Infantry Regiment - RVN Civil Actions Honor Medal with First Class Unit Citation

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the AGCM.  There is sufficient evidence to support granting the requested relief.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service.  In addition, his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 June 1964 to 14 June 1967 and to correct his DD Form 214 to show this award.

3.  The evidence of record includes official orders showing the applicant was awarded the PH w/OLC and the ARCOM by the appropriate authority, and of these awards, his DD Form 214 only includes one PH.  Therefore, his 
DD Form 214 should be corrected at this time to appropriately list these awards.

4.  The evidence of record as listed on his DA Form 20 also confirms the applicant qualified “expert” with the M-16 rifle and "marksman" with the M-14 rifle. These qualifications awards are not currently listed on his DD Form 214 and should be added at this time.

5.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized the PUC, RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal, and a silver service star to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for his qualifying period of honorable active duty service from 15 June 1964 to 14 June 1967; 

   b.  deleting the Purple Heart and Vietnam Service Medal from item 24 of his DD Form 214; and
   
   c.  adding the following awards to his DD Form 214:
   
* Purple Heart with Oak Leaf Cluster
* Army Commendation Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with silver service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman 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)                                         AR20140020960





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ABCMR Record of Proceedings (cont)                                         AR20140020960



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