BOARD DATE: 29 March 2011 DOCKET NUMBER: AR20100021665 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 Good Conduct Medal. 2. The applicant states he was awarded the Good Conduct Medal in formation in 1968 in Vietnam but never received orders for the award. 3. The applicant provides: * DD Form 214 (Report of Transfer or Discharge) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Reassignment orders, dated 20 October 2008 * Orders for the Aircraft Crewman Badge, Bronze Star Medal, and Air Medal 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 enlisted in the Regular Army on 15 March 1966 for a period of 3 years. He arrived in Vietnam on 9 June 1967. He was assigned to Battery A, 2nd Battalion, 94th Artillery in Vietnam from 15 June 1967 through 31 May 1968. He was assigned to Troop D, 1st Squadron, 9th Cavalry of the 1st Air Cavalry Division in Vietnam from 6 June 1968 through 7 August 1968. He was assigned to Troop A, 1st Squadron, 9th Cavalry of the 1st Air Cavalry Division in Vietnam from 8 August 1968 through 7 January 1969. On 8 January 1969, he was released from active duty in the rank of specialist four after completing 2 years, 9 months, and 24 days of creditable active service with no time lost. 3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 January 1969 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Air Medal, Presidential Unit Citation, two Overseas Service Bars, and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. 4. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records show he received conduct and efficiency ratings of "excellent" throughout his service. 5. Records show he participated in five campaigns during his assignment in Vietnam. 6. The applicant provided orders, dated 26 October 1968, which show he received the Aircraft Crewman Badge (now known as the Aviation Badge). 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows Troop D, 1st Squadron, 9th Cavalry was awarded the Valorous Unit Award for actions during the period 27-28 June 1968 based on Department of the Army General Orders Number 18, dated 1979. 8. 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, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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 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. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. DISCUSSION AND CONCLUSIONS: 1. The applicant was released from active duty in the rank of specialist four with almost 34 months of creditable active service with no time lost. His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification. It appears he met the eligibility criteria for the first award of the Good Conduct Medal for the period 15 March 1966 through 8 January 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, his DD Form 214 for the period ending 8 January 1969 should be corrected to show this award. 2. Orders show he received the Aircraft Crewman Badge. His DD Form 214 for the period ending 8 January 1969 should be corrected to show this badge (but listed as the Aviation Badge). 3. He participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star. His DD Form 214 for the period ending 8 January 1969 should be corrected to show this award. 4. His unit (Troop D, 1st Squadron, 9th Cavalry) was cited for award of the Valorous Unit Award while he was assigned to it. His DD Form 214 for the period ending 8 January 1969 should be corrected to show this unit award. 5. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to add this foreign unit award to his DD Form 214 for the period ending 8 January 1969. 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 him the first award of the Good Conduct Medal for the period 15 March 1966 through 8 January 1969; and b. adding the Good Conduct Medal, Aviation Badge, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star to his already-awarded Vietnam Service Medal to item 24 of his DD Form 214 for the period ending 8 January 1969. _______ _ _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) AR20100021665 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021665 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1