RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:          6 October 2005      
	DOCKET NUMBER:  AR20050001319


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Richard Dunbar

Member

Ms. Laverne Berry

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal.

2.  The applicant's request for the Vietnam Service Medal was addressed by separate correspondence to the applicant and will not be discussed further in these Proceedings.

3.  The applicant states he served as an infantryman in Vietnam and earned those decorations.

4.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged errors which occurred on 
12 January 1966.  The application submitted in this case is dated 13 January 2005.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted on 15 January 1964.  He served as an infantry indirect fire crewman assigned to Company D, 1st Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 16 August 1965 through 29 December 1965.  On 12 January 1966, the applicant was released from active duty in the rank of private first class after completing 1 year, 11 months, and 28 days of creditable active service with no time lost. 

4.  The applicant's DD Form 214 shows the Armed Forces Expeditionary Medal (Vietnam), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  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 the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

6.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is entitled to award of the Presidential Unit Citation for actions during the period 
23 October 1965 to 26 November 1965 based on Department of the Army General Orders Number 40, dated 1967. 

7.  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 do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Army Regulation 672-5-1, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation while he was assigned to it.  

2.  The applicant was separated in the rank of private first class with almost two years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 15 January 1964 through 12 January 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

BOARD VOTE:

CG____  RD______  LB______  GRANT 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 and to excuse failure to timely file.  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 January 1964 through 12 January 1966; and

	b.  amending his DD Form 214 to add award of the Good Conduct Medal and to show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and the National Defense Service Medal. 




		___Curtis Greenway____
		        CHAIRPERSON





INDEX

CASE ID
AR20050001319
SUFFIX

RECON

DATE BOARDED
20051006
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0094
2.
107.0073
3.
107.0000
4.

5.

6.