BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018364 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018364 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal for the period 11 October 1968 through 15 June 1971; b. deleting from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), at item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the Vietnam Service Medal; and, c. adding, at item 24 on the DD Form 214, the following awards: * Army Good Conduct Medal * Vietnam Service Medal with one bronze service star * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) * Marksman Qualification Badge with Rifle Bar _____________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. BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018364 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 received three Certificates of Appreciation and no reprimands from his command. He believes there was a clerical error or oversight at the time of his separation. 3. The applicant provides copies of three Letters of Appreciation and 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 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 11 October 1967 the applicant enlisted in the Regular Army. 3. His DA Form 20 (Enlisted Qualification Record) provides the following: * promotion to sergeant (E-5) * service in Germany from 2 June 1969 through 18 June 1970 and in Vietnam from 1 August 1970 through 31 July 1971 * assignment to Company A, 53rd Signal Battalion from 7 August 1970 through 17 February 1971 and 535th Signal Company 53rd Signal Battalion from 18 February 1971 through 12 June 1971 * conduct and efficiency ratings exclusively as "excellent" * service in Vietnam during one campaign period * award of the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Qualification Badge with Rifle Bar 4. The applicant was honorably released from active duty on 15 June 1971. His DD Form 214 shows: * 2 years, 8 months, and 4 days of active duty * characterization of service as honorable * award of the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Army Good Conduct Medal. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. It shows that during the period the applicant was assigned to: a. Company A, 53rd Signal Battalion, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and, b. 535th Signal Company, 53rd Signal Battalion, it was awarded the Meritorious Unit Commendation. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated: a. 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, 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-martial. b. The Vietnam Service Medal is awarded to all members of the armed forces who served in Vietnam or its contiguous waters or airspace during the period 3 July 1965 through 28 March 1973. A bronze service star is authorized for wear with this medal for participation in each credited campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citations) states; Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. This precludes wear of the Vietnamese Fourragere which represents additional unit awards of the Republic of Vietnam Gallantry Cross. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Vietnamese unit awards during the same period only one will be recorded in official military personnel and historical records. 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant received all excellent conduct and efficiency ratings, he was advanced to pay grade E-5, and his record contains no indication of any disqualifying incidents or recommendations precluding the first award of the Army Good Conduct Medal. 2. The applicant served in Vietnam during one campaign periods and is authorized to wear one bronze service stars on his Vietnam Service Medal. His DD Form 214 does not reflect this appurtenance. 3. The applicant's award of the Marksman Qualification Badge with Rifle Bar was omitted from his DD Form 214. 4. The applicant’s unit in Vietnam was awarded the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award) during the period of his assignment. These unit awards are not recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018364 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018364 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2