IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002749
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 (First Award).
2. The applicant states he believes that he is entitled to the Army Good Conduct Medal as a result of his service as he meets the requirements for the first award in accordance with Army regulations.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 5 February 1967.
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 on 22 May 1965.
3. On 8 July 1965, Special Orders Number 161 was published awarding him the Expert Marksmanship Qualification Badge (Rifle M-14).
4. The applicant completed training as a wheel vehicle mechanic and he arrived in Vietnam on 29 January 1966. He was assigned to the 1098th Transportation Company.
5. He participated in the Vietnam Counteroffensive Campaign which extended from 25 December 1965 to 30 June 1966 and the Vietnam Counteroffensive Phase II Campaign which extended from 1 July 1966 to 31 May 1967.
6. The applicant departed Vietnam en-route to the United States on 2 February 1967.
7. The applicant received all "excellent" conduct and efficiency ratings during his active duty service. There is no evidence in his records of any court-martial convictions.
8. He was honorably released from active duty on 5 February 1967 in the rank of specialist five (E-5). His DD Form 214 shows the following awards:
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
9. 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. Ratings of Unknown for portions of the period under consideration were not disqualifying. 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.
10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
11. 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 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 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 22 May 1965 to 5 February 1967 and
b. amending his DD Form 214 by adding the following awards:
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge (Rifle M-14)
* two bronze service stars to be affixed to his already-awarded Vietnam Service 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.
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