RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011775 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 and, in effect, correction of his records to show award of the Army Commendation Medal.

2.  The applicant states, in effect, that he met the criteria for award of the Good Conduct Medal but due to an administrative oversight, it was not issued.  He also adds that he received the Army Commendation Medal upon his arrival home from the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 April 1969; and a copy of Certificate and General Orders Number 258, dated 3 April 1969, awarding him the Army Commendation Medal, in support of his application.

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's records show that he enlisted in the Regular Army on 25 August 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62E (Equipment Operator).  The highest rank he attained during his military service was specialist five/E-5 (Temporary).  He was honorably released from active duty on 7 April 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  The applicant's records also show that he served in the Republic of Vietnam during the period 13 January 1967 through 6 April 1969.  He was assigned to Company D, 46th Engineer Battalion.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Meritorious Unit Citation.  Item 24 does not show award of the Good Conduct Medal or the Army Commendation Medal.

5.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal

6.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

7.  Headquarters, 20th Engineer Brigade, General Orders Number 259, dated 3 April 1969; show that the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam.

8.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant 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.

10.  Department of the Army Pamphlet 672-3 shows the 46th Engineer Battalion was awarded two awards of the Meritorious Unit Commendation for the period May 1966 to April 1967, based on Department of the Army General Orders Number 17, dated 1968, and for the period 1 May 1967 through 31 October 1967, based on Department of the Army General Orders Number 48, dated 1968.

11.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.
12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, V, and VI, as well as the Tet Counteroffensive and the Tet 69 Counteroffensive, 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

13.  Headquarters, 1st Training Brigade, Fort Gordon, Georgia, Special Orders Number 142, dated 3 October 1966, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 3 October 1966. 

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Good Conduct Medal.

2.  Evidence of record confirms that the applicant served honorably during the period 25 August 1966 to 7 April 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal and to correction of his records to show this award.

3.  General Orders show that the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.

6.  Evidence of record shows that the applicant was assigned to a unit that was awarded two awards of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show these awards.

7.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

8.  Evidence of record shows that the applicant served a qualifying period for four awards of the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show four Overseas Service Bars.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 August 1966 to 7 April 1969; and 

	b.  showing award of the Good Conduct Medal (1st Award), the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Meritorious Unit Citation (2 Awards); Republic of Vietnam Gallantry Cross with Palm Unit Citation, four Overseas Service Bars, and one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.



							Frank C. Jones, II
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070011775
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.