IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007360 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 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states she is entitled to the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other unit citations that are not listed on her DD Form 214. 3. The applicant provides a copy of her 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 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. On 22 April 1969 the applicant enlisted in the Regular Army for 3 years. 3. She was assigned to the General Staff Company, U.S. Army Vietnam from 4 September 1971 to 18 February 1972. She participated in two campaigns. 4. On 22 February 1972, she was discharged as an early overseas returnee. She completed 2 years, 10 months, and 1 day of active service that was characterized as honorable. Her DD Form 214 shows she is authorized the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 5. Headquarters, U.S. Army Vietnam General Orders Number 1179, dated 27 May 1972, awarded the applicant the Army Commendation Medal for meritorious service from September 1971 to February 1972. 6. There is no evidence the applicant was disqualified by her chain of command from receiving the first award of the Army Good Conduct Medal. The available evidence does not show any indiscipline or lost time. Her records do not contain any adverse information. Her records show she received "excellent" conduct and efficiency ratings throughout her period of service. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. Headquarters and subordinate units, U.S. Army Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 20 July 1965 to 28 March 1973. This is the only unit award shown for her unit during her period of service in the Republic of Vietnam. 8. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 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 * the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year DISCUSSION AND CONCLUSIONS: 1. The applicant's records do not show any indiscipline or lost time, she received "excellent" conduct and efficiency ratings throughout her period of military service, and there is no record of a commander's disqualification. She completed less than 3 years active service but more than 1 year. The evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 22 April 1969 to 22February 1972. 3. She was awarded the Army Commendation Medal by general orders. As it is not shown on her DD Form 214, it should be added. 4. She was assigned to the General Staff Company, U.S. Army Vietnam during the period the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 5. Department of the Army Pamphlet 672-3 does not show any other unit citations awarded to Headquarters and subordinate units, U.S. Army Vietnam during the period she was assigned to General Staff Company, U.S. Army 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: a. awarding her the Army Good Conduct Medal (1st Award) for her period of service from 22 April 1969 to 22 February 1972; and b. adding the following awards to her DD Form 214 with an effective date of 22 February 1972: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * 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) AR20150007360 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007360 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1