IN THE CASE OF:
BOARD DATE: 14 January 2015
DOCKET NUMBER: AR20140004166
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 (1st Award).
2. The applicant states he believes it was an administrative error in his not being awarded the Army Good Conduct Medal. He earned the Army Good Conduct Medal based on his service from 16 October 1962 to 15 October 1965.
3. The applicant provides:
* Army Review Boards Agency letter, dated 21 February 2014
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 2431 (Personnel Suspense Card)
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 enlisted in the Regular Army on 16 October 1962. He completed training as a machinist. He arrived in Vietnam on 11 April 1963 and he was assigned to Headquarters and Headquarters Detachment, United States Army Support Group.
3. He departed Vietnam en-route to the United States on 24 April 1964.
4. The applicant's received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.
5. He was honorably released from active duty as an overseas returnee on 15 October 1965. His DD Form 214 shows the following awards:
* Sharpshooter Marksmanship Qualification Badge (Rifle M-1)
* Expert Marksmanship Qualification Badge (Rifle M-14)
* Armed Forces Expeditionary Service Medal (Vietnam)
6. Army Regulation 600-8-22 (Military Awards) states:
a. The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. Any one of the following periods of continuous enlisted active Federal military service qualifies for the award:
* Each 3 years completed on or after 27 August 1940
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
b. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
7. 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. The applicant's contentions have been noted.
2. There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal. Based on the applicable regulation, he should be awarded the Army Good Conduct Medal (1st Award).
3. He is also authorized the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to show these awards.
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 the period from 16 October 1962 to 15 October 1963.
b. Amending his DD Form 214 by adding the following awards:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
__________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) AR20140004166
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ABCMR Record of Proceedings (cont) AR20140004166
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