BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150001921 


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 and Army Reserve Components Achievement Medal.  

2.  The applicant states:

* aside from being honorably discharged, his job performance was excellent
* he was the honor graduate of the Mobile Electric Power Generation Course (Precise) and attained the rank/grade of specialist four (SP4)/E-4
* he served in a combat zone and received an Honorable Discharge Certificate 
* he was also in the U.S. Army Reserve (USAR) from 1972 to 1976 which qualified him for the Reserve award as well 

3.  The applicant provides the following documents:

* Honorable Discharge Certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Diploma of completion of the Mobile Electric Power Generation Course (Precise) 

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 was inducted into the Army of the United States on 23 September 1970 and he held military occupational specialty 52D (Power Generation Equipment Repairer). 

3.  Special Orders (SO) Number 321, issued by Headquarters, U.S. Army Training Center, Fort Dix, NJ, on 17 November 1970, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He served in the Republic of Vietnam from 26 August 1971 to 26 March 1972, a period of 7 months and 6 days.  He was assigned to the U.S. Army Depot, DaNang. 

5.  He was honorably released from active duty in the rank/grade of SP4/E-4 on 26 March 1972 and he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligations.  His DD Form 214 shows he completed 1 year, 6 months, and 4 days of active service with no lost time.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The record is void of evidence showing he was assigned to a troop program unit of the USAR following his release from active duty or he was an active drilling Reservist.  He was ultimately honorably discharged from the USAR on 
22 September 1976, upon completion of his military service obligation.  

7.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating throughout his service.  
8.  Army Regulation 672-5-1 (Decorations and 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 the 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.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Reserve Components Achievement Medal is authorized for award to Army personnel, including Active Guard Reserve officers, in the rank of colonel and below for exemplary behavior, efficiency, and fidelity while serving as a member of an Army National Guard or Army Reserve troop program unit or as an individual mobilization augmentee.  Individuals must have completed 4 years of qualifying service on or after 3 March 1972 and before 28 March 1995.  Beginning on 
28 March 1995, the period of qualifying service for award of the Army Reserve Components Achievement Medal was reduced from 4 to 3 years.  This change is not retroactive.  Such years of qualifying service must have been consecutive.  A period of more than 24 hours between Reserve enlistments or an officer’s service will be considered a break in service.  Credit toward earning the award must begin anew after a break in service.  

10.  Army Regulation 600-8-22 states: 

	a.  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.

	b.  Appendix B shows that during his service in Vietnam from 26 August 1971 to 26 March 1972 participation credit was awarded for the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Consolidation I, 1 July - 30 November 1971
* Consolidation II, 1 December 1971 - 29 March 1972

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 23 September 1970 to 26 March 1972.  He attained the rank/grade of SP4/E-4, served in Vietnam, and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  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.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 

4.  SO awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.  Therefore, his DD Form 214 should be corrected to show this badge. 

5.  He completed 7 months and 6 days of service in Vietnam.  Therefore, he met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.

6.  When the applicant was released from active duty on 26 March 1972, he was transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.  However, between this date and the date he was honorably discharged from the USAR in September 1976, there is no evidence he was assigned to a troop program unit of the USAR or that he was an active drilling Reservist.  As such, he does not meet the criteria for award of the Army Reserve Components Achievement Medal.





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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 23 September 1970 to 26 March 1972
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar

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 Reserve Components Achievement Medal. 



      _______ _  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)                                         AR20150001921



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ABCMR Record of Proceedings (cont)                                         AR20150001921



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