RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 September 2007
	DOCKET NUMBER:  AR20070006442 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Laverne M. Douglas

Member

Mr. Jerome L. Pionk

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 records to show award of the Army Good Conduct Medal.

2.  The applicant states, in effect, that the above award was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 9 August 1968.

3.  The applicant provides Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Knox, Kentucky Selection as Colonel's Orderly letter, dated 
2 November 1966; a Company A, 3rd Battalion, 3rd Basic Combat Training, U.S. Army Training Center, Fort Leonard Wood, Missouri Letter of Appreciation, dated 21 May 1968; a Department of the Army Certificate of Training, dated 5 April 1968; Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 07-1268488, dated 26 July 1972; and a DA Form 20 (Enlisted Qualification Record).

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 was inducted in the Army on 11 August 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 94B (Cook).  He was later awarded MOS 13B (Field Artillery Crewman). 

3.  The applicant arrived in Vietnam and was assigned to C Battery, 7th Battalion, 13th Artillery on or about 15 January 1967.  He departed Vietnam on or about 
13 January 1968 after being credited with participating in two campaigns.  

4.  On 9 August 1968, he was honorably released from active duty in the rank of Corporal (CPL)/E-4 after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.  

5.  The applicant's DD Form 214 with the ending period 9 August 1968 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

7.  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.

8.  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 that, at the time of the applicant’s assignment to the 7th Battalion, 13th Artillery, it was cited for award of the Meritorious Unit Commendation for the period 9 November 1966 through 31 December 
1968 based on Headquarters, Department of the Army General Orders Number 70, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 7th Battalion, 13th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
1 August 1965 through 16 April 1971 based on Headquarters, Department of the Army General Orders Number 54, dated 1974.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of Corporal with two years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 
(1st Award) for the period 11 August 1966 through 9 August 1968 based on completion of a period of qualifying service. 

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in two campaigns makes him eligible for two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

__WDP__  ___LMD_  ___JLP _  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:

	a.  by awarding the applicant the Army Good Conduct Medal 
(1st Award) for the period 11 August 1966 through 9 August 1968; and

	b.  by amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.



____William D. Powers__
          CHAIRPERSON



INDEX

CASE ID
AR20070006422
SUFFIX

RECON

DATE BOARDED
25 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0056.0000
2.
107.0034.0000
3.
107.0094.0000
4.

5.

6.