IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005383 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 following: * award of the Army Good Conduct Medal and any personal and unit awards * issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) 2. The applicant states he believes he qualifies for the Army Good Conduct Medal and the addition of any personal awards and unit awards for his service with Headquarters and Headquarters Battery (HHB), 2nd Battalion, 77th Artillery, 25th Infantry Division. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 19 February 1969 and he held military occupational specialty 52B (general mechanic). 3. Special Orders (SO) Number 126, issued by Headquarters, 57th Signal Battalion (Corps), Fort Hood, TX on 27 August 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. He served in Vietnam and was assigned to HHB, 2nd Battalion, 77th Artillery, 25th Infantry Division from 9 January 1970 through 17 November 1970. He served during the following campaigns: * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 5. On 10 April 1970, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for sleeping at his guard duty post in a hostile fire zone. His punishment included 14 days of extra duty and a forfeiture of $30.00 pay for 1 month. 6. He was honorably released from active duty in the rank/pay grade of specialist five (SP5)/E-5 on 18 November 1970. He transferred to U.S. Army Reserve Control Group. He was credited with completing 1 year and 9 months of net active service. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Bronze Star Medal * Vietnam Campaign Medal with Device (1960) 7. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings throughout his period of service, the remarks section of this form does not show a commander's disqualification for award of the Army Good Conduct Medal * Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214 and two overseas service bars, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital. 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. 9. Army Regulation 600-8-22 (Military Award) states bronze service stars are authorized for wear on the Vietnam Service Medal to denote campaign participation. 10. Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. Aside from his one NJP for a relatively minor offense, the applicant served honorably for 1 year and 9 months of active duty. He received "excellent" conduct and efficiency ratings throughout his period of service and there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal (1st Award). 2. He served in Vietnam and was awarded the Army Commendation Medal and Bronze Star Medal for his outstanding service. He attained the rank/pay grade of SP5/E-5. He meets the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 19 February 1969 through 18 November 1970. 3. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) during his period of active duty. These awards are not shown on his DD Form 214. 4. He is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. These service stars are not listed on his DD Form 214. 5. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is not 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: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 19 February 1969 through 18 November 1970 * deleting from his DD Form 214 the Vietnam Service Medal * adding to this form the: * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal with three bronze service stars * 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) AR20150005383 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005383 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1