IN THE CASE OF: 

		BOARD DATE:  23 April 2015

		DOCKET NUMBER:  AR20150002855


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, in effect, award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it.

2.  The applicant states he met all of the criteria to be awarded the Army Good Conduct Medal; he served honorably for 3 years, had excellent performance evaluations, and was honorably discharged.  He requested an updated listing of his awards from the "War College" [The American War Library]; however, the Army Good Conduct Medal did not appear on the report.  He checked with his Veteran Services Officer, who said he met all of the criteria for the award and more than likely, its omission resulted from a clerical oversight.

3.  The applicant provides a copy of his DD Form 214 and a 6-page customized report of military awards he is possibly entitled to, prepared by the The American War Library.

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 17 June 1968.  He completed his initial entry training and was awarded military occupational specialty (MOS) 12A (Pioneer).  His record shows he also awarded and held MOS 12F (Combat Engineer Track Vehicle Crewman).

3.  He served in the Republic of Vietnam from on or about 16 November 1968 through on or about 15 November 1969, where he was assigned to 2nd Squadron, 11th Armored Cavalry Regiment.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 10 May 1969.

4.  Following his redeployment to the continental U.S. at the conclusion of his service in the Republic of Vietnam, he received formal training and served in MOS 00F (Drill SGT).

5.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 16 June 1971.  His DD Form 214 for this period of service does not show he was previously awarded the Army Good Conduct Medal; however, it does reveal the following:

   a.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) show he was separated in the rank/grade of SGT/E-5.

   b.  Item 22a(1) (Statement of Service – Creditable for Pay Purposes – Net Service This Period) shows he completed 3 years of net active service during the period covered by this DD Form 214.
   
   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 4 campaign [bronze service] stars, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M16), and 2 overseas service bars.

	d.  Item 26a (Non-Pay Periods Time Lost) contains the entry "none," indicating he had no lost time during the period covered by this DD Form 214.	
	
	e.  Item 30 (Remarks) shows he served in the Republic of Vietnam from       16 November 1968 through 15 November 1969.
6.  His DA Form 20 (Enlisted Qualification Record) shows he had all "excellent" conduct and efficiency ratings throughout his period of military service.

7.  His records are void of documentation that shows he was awarded the Army Good Conduct Medal.  However, despite the absence of such documentation, such as award orders, there is no evidence of a commander's disqualification for his initial award of the Army Good Conduct Medal, and no evidence of any court-martial convictions for violations of the Uniform Code of Military Justice.

8.  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, and there must have been no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned, 2nd Squadron, 11th Armored Cavalry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably on active duty from 17 June 1968 through   16 June 1971, a period of 3 years.  During this period, he received all "excellent" conduct and efficiency ratings and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  Additionally, there is no evidence of a commander's disqualification statement related to his initial award of the Army Good Conduct Medal.

2.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 17 June 1968 through 16 June 1971, and to correct his DD Form 214 to show this award.

3.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period when he was assigned.  This unit award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.
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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period  17 June 1968 through 16 June 1971; and

	b.  amending item 24 of his DD Form 214 to add the Army Good Conduct Medal and the 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)                                         AR20090018975



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ABCMR Record of Proceedings (cont)                                         AR20150002855



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