BOARD DATE: 18 March 2014 DOCKET NUMBER: AR20130012012 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 the Army Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he received it in 1969, but it wasn't put on his DD Form 214. He believes this is because he was released a few days later. 3. The applicant provides no additional documentary evidence. 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 on 25 April 1967. He completed his training and was awarded military occupational specialty 95B (military policeman). He arrived in Vietnam on 15 September 1967 and was assigned to Company A, 720th Military Police Battalion. On 10 May 1968, nonjudicial punishment was imposed against him (through neglect, suffer a prisoner duly committed to his charge to escape). He departed Vietnam on 8 September 1968. 3. On 24 April 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost. 4. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * One Overseas Service Bar * Expert Marksmanship Qualification Badge with Rifle Bar 5. There are no orders for the Army Good Conduct Medal in the available records. 6. There is no evidence that the applicant received the first award of the Army Good Conduct Medal. His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. 7. Records show he participated in three campaigns during his assignment in Vietnam. 8. 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 720th Military Police Battalion was cited for award of the: * Meritorious Unit Commendation for actions during the period 1 June 1967 to 8 February 1968 in Department of the Army General Orders (DAGO) Number 48, dated 1968 * Meritorious Unit Commendation for actions during the period 9 February 1968 to 1 February 1969 in DAGO Number 36, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 6, dated 1974 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 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. 10. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 11. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he received the Army Good Conduct Medal in 1969, but it wasn't put on his DD Form 214. Although there are no orders for the Army Good Conduct Medal in the available records, evidence confirms he was honorably released from active duty in the temporary rank of sergeant with 2 years of total active service and no lost time. Notwithstanding the nonjudicial punishment he accepted, he received all "excellent" conduct and efficiency ratings throughout his service. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 25 April 1967 through 24 April 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, there is sufficient evidence on which to base adding the Army Good Conduct Medal (1st Award) to his DD Form 214. 2. His DD Form 214 shows one award of the Overseas Service Bar. However, he served during a qualifying period of service for entitlement to two Overseas Service Bars. Therefore, his DD Form 214 should be corrected accordingly. 3. He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars. His DD Form 214 should be corrected to show these service stars. 4. His unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit 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. deleting the entry "1 O/S BAR" from his DD Form 214; and b. adding the Army Good Conduct Medal (1st Award), two Overseas Service Bars, Meritorious Unit Commendation (2d Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. _______ _ 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) AR20130012012 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012012 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1