IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005587 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 its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states he was 19 years of age at the time of his enlistment. He was preparing to deploy to Vietnam when his mother notified him that his aunt had been killed in a vehicle accident. He departed to attend the funeral. He returned and then departed for Vietnam. He survived Vietnam and was awarded the Purple Heart, Presidential Unit Citation, and additional awards for his service. He made up his time lost. He believes he served his country well. 3. The applicant provides a copy of his DD Form 214. 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 10 August 1966. At the time of his induction he was 19 years, 1 month, and 25 days old. He was awarded military occupation specialty 11B (light weapons infantryman). He was advanced to pay grade E-2 on 10 December 1966. 3. Headquarters, Fort Polk, LA, issued Special Orders (SO) on/for: * Number 289, 8 November 1966, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Number 291, 10 November 1966, awarding him the 1st Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M-60) now known as the Sharpshooter Marksmanship Qualification Badge 4. On 10 March 1967, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 27 February to on or about 9 March 1967. His punishment included a reduction to pay grade E-1 and a forfeiture of $22.00 pay. 5. He served in Vietnam from 16 March 1967 through 15 March 1968. He was assigned to Company B, 3rd Battalion, 27th Infantry, 4th Infantry Division from 4 April 1967 to 31 July 1967 and then to Company B, 3rd Battalion, 22nd Infantry, 25th Infantry Division from 1 August 1967 to 11 March 1968. 6. He was honorably released from active duty in the rank/pay grade of sergeant (SGT)/E-5 (temporary) on 19 August 1968. He was credited with completing 2 years of net active service and 10 days of time lost from 27 February through and including 8 March 1967. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge * Bronze Star Medal * Vietnam Campaign Medal with Device (1960) * Purple Heart * Air Medal 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 the first 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 * Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration Term of Service) – 10 days (including the end date) of time lost from 27 February to 8 March 1967 for AWOL 8. On 31 January 2008, a DD Form 215 (Correction to DD Form 214) was issued adding the Presidential Unit Citation to his DD Form 214. 9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. There must have been no convictions by a court-marital. However, there was no right or entitlement to the award until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 10. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam, campaign participation credit was awarded for three named campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Based on his period of service in Vietnam, he participated in the following named campaigns: * Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - l April 1968) 11. Army Regulation 600-8-22 (Military Award) states awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO). 12. DAGO 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. 13. DAGO Number 51, dated 1971, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class to the 25th Infantry Division. 14. The Day to Day Calculator located on the TimeandDate.com internet site shows the periods from: * 27 February 1967 through 8 March 1967 equals 10 days including the end date * 10 August 1966 through 19 August 1968 equals 2 years and 10 days including the end date DISCUSSION AND CONCLUSIONS: 1. The applicant accepted NJP for being AWOL for 10 days prior to serving in Vietnam. 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) during his period of service. 2. He served honorably for 2 years and 9 days, making up the 10 days of time lost. He served in Vietnam earning the Purple Heart and was awarded the Bronze Star Medal, Combat Infantryman Badge, and Air Medal. He attained the rank/pay grade of SGT/E-5. He meets the criteria for award of the Army Good Conduct Medal (1st Award) for his period of service from 10 August 1966 through 9 August 1968 and its addition to his DD Form 214. 3. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for three bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of active duty. 5. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class during his period of service in Vietnam. 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 10 August 1966 through 9 August 1968 * deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star * adding to his DD Form 214 the: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class __________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) AR20150005587 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005587 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1