IN THE CASE OF: BOARD DATE: 26 April 2011 DOCKET NUMBER: AR20100025794 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. 2. The applicant states he served in Vietnam and he was wounded in action. Subsequent to his treatment, he was ordered to return to duty where he was called derogatory names despite his various disabilities. Until then, he had been a good Soldier. However, his attitude changed after the humiliation and lack of support by his chain of command. He was ultimately released from active duty without all his awards. 3. The applicant provides: * Veterans Administration rating decision * U.S. Army Reserve (USAR) discharge orders and certificate * Purple Heart orders and certificate * Bronze Star Medal orders and certificate * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to 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. The applicant's records show he enlisted in the Regular Army on 10 February 1969 and held military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained during his military service was specialist four (SP4)/E-4. 3. His records further show he served in the Republic of Vietnam from 15 March 1970 to 24 July 1970. He was assigned to Company D, 1st Battalion, 503rd Infantry, 173rd Airborne Brigade. 4. On 18 July 1970, he was wounded in action and he was subsequently transferred in a patient status to the 249th General Hospital in Japan. Upon completion of his treatment, he was reassigned to the 3rd Battalion, 325th Infantry, Fort Bragg, NC. 5. On 10 November 1970, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty. 6. On 1 September 1971, he again accepted NJP for being absent without leave (AWOL) from 30 August to 1 September 1971. 7. Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout most of his military service. From 4 October to 14 December 1971, he received "fair" conduct and efficiency ratings. 8. He was honorably released from active duty on 14 December 1971 and he was transferred to the USAR Control Group to complete his Reserve obligation. He completed 2 years, 10 months, and 5 days of creditable active service, of which 4 months and 23 days was foreign service. 9. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and Parachutist Badge. 10. On 24 December 2003, he was issued a DD Form 215 that added the Purple Heart and the Bronze Star Medal. 11. On 25 September 2008, he was issued a second DD Form 215 that added the Sniper School. 12. 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. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. DISCUSSION AND CONCLUSIONS: 1. In order to be awarded the Army Good Conduct Medal, the enlisted member must have 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. Additionally, the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 2. The applicant's service in Vietnam and his Purple Heart as well as other awards are noted; however, his records show he received two instances of NJP, one of which was for being AWOL. Additionally, he received "fair" conduct and efficiency ratings during a portion of his assignment at Fort Bragg, NC. Notwithstanding the challenges he encountered at the time, regretfully, he does not meet the criteria for award of the Army Good Conduct Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20100025794 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100025794 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1