IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005265 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Army Good Conduct Medal. 2. The applicant states that after he requested replacement of his Vietnam medals, he was informed he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He contends he never received punishment under the Uniform Code of Military Justice but he was never awarded the Army Good Conduct Medal. 3. The applicant provides no additional 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 10 June 1965. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 13 March 1966 to on or about 8 March 1967; b. item 38 (Record of Assignments), he was assigned to the 10th Transportation Company during his service in the Republic of Vietnam; and c. item 38, he received all "excellent" conduct and efficiency ratings throughout his active service. 4. His military record is void of any derogatory information or a unit commander's disqualification statement that would have precluded him from being awarded the Army Good Conduct Medal. 5. He was honorably released from active duty on 9 March 1967 in the rank/grade of specialist four/E-4, after completing 1 year and 9 months of active service with no time lost. 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) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. 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. 7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B of this regulation shows that during his service in Vietnam, he participated in the following two campaigns: * Vietnamese Counteroffensive (25 December 1965 - 30 June 1966) * Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967) 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in Vietnam. This pamphlet shows that during his assignment to the 10th Transportation Company, this unit was cited in general orders for award of the Meritorious Unit Commendation for service during the period 21 September 1965 to 1 August 1966. 9. Department of the Army General Orders (DAGO) 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 evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal. Based on the available evidence, he met the criteria for the first award of the Army Good Conduct Medal for the period 10 June 1965 to 9 March 1967. 2. The applicant participated in two campaigns during his service in Vietnam; however, his DD Form 214 shows only the Vietnam Service Medal without any corresponding bronze service stars to denote campaign participation. 3. Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was cited in general orders for the Meritorious Unit Commendation. In addition DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in the Republic of Vietnam. These unit awards are not shown on his DD Form 214. 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 his honorable active service from 10 June 1965 to 9 March 1967; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Meritorious Unit Commendation * 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) AR20150005265 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005265 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1