RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20060000418


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Gerald Purcell                |     |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 award of the Good Conduct Medal.

2.  The applicant provides no explanation.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); and a DD Form 215 (Correction to DD Form 214), dated 15 March
2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 March 1971.  The application submitted in this case is dated
28 December 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 limitations 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 enlisted on 29 March 1968 for a period of 3 years.  He
arrived in Vietnam on 7 September 1968.  He served as a light weapons
infantryman assigned to Company B, 3rd Battalion of the 187th Infantry in
Vietnam from
25 September 1968 through 29 August 1970.  On 26 March 1971, the applicant
was released from active duty in the rank of sergeant after completing 2
years, 11 months, and 28 days of creditable active service with no time
lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal with four bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the
Purple Heart, the Bronze Star Medal, and the Air Medal as authorized
awards.

5.  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.

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.  This document shows the applicant's unit is entitled
to award of the Presidential Unit Citation for actions during the period 10-
21 May 1969 based on Department of the Army General Orders Number 16, dated
1972.

7.  Department of the Army Pamphlet 672-3 shows the applicant’s unit is
entitled to award of the Valorous Unit Award for actions during the period
17 April 1969 to 6 May 1969 based on Department of the Army General Orders
Number 2, dated 1971.

8.  Department of the Army Pamphlet 672-3 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 43, dated
1970.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 48, dated 1971.

10.  The applicant provided a DD Form 215, dated 15 March 2002, which
amended his DD Form 214 to show the Silver Star.

11.  The applicant’s service personnel records contain a DD Form 215, dated

12 July 2005, which amended his DD Form 214 to show the Silver Star and the
Combat Infantryman Badge.  This form also states that the DD Form 215,
dated 15 March 2002, should destroyed.

12.  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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of sergeant with almost 3 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 29 March 1968 through 26 March 1971 based on
completion of a period of qualifying service ending with the termination of
a period of Federal military service.

2.  The applicant’s unit received the Presidential Unit Citation, the
Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation while he was assigned to it.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 26 March 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 25 March 1974.
The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

MP_____  _MF____  _GP____  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 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 29 March 1968 through 26 March 1971; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Presidential Unit Citation, the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.



                            _Margaret Patterson___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000418                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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