RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070013859 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the “VCAM” (i.e., the Republic of Vietnam Campaign Medal with device (1960)), and any/all medals awarded to his unit in Vietnam.

2.  The applicant states, in effect, that some awards were left off his DD Form 214 when he left Vietnam.

3.  The applicant provides his DD Form 214; a copy of his DA Form 20 (Enlisted Qualification Record); and a letter, dated 6 April 2007, from the National Personnel Records Center.

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 into the Army on 17 May 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam on 1 December 1966 with his unit, Company B, 5th Battalion, 60th Infantry, 9th Infantry Division.  He was hospitalized on or about 15 September 1967 with a kidney problem and departed Vietnam in a patient status on 27 September 1967. 

4.  The applicant was honorably released from active duty on 16 May 1968, in pay grade E-4, after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with device (1960), one overseas service bar, and the Marksman Marksmanship Qualification Badge (Rifle M-14).

5.  The applicant’s DA Form 20 shows his conduct and efficiency were rated as “excellent” throughout his service, and his records contain no derogatory information.

6.  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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

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 that, at the time of the applicant's assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by Department of the Army General Orders Number 43, dated 1970.

8.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1968 by Department of the Army General Orders Number 59, dated 1969.

9.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit was awarded any other unit awards during a period of time he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal.  He completed 2 years of creditable active service with no lost time and no derogatory information in his records.  His conduct and efficiency were rated as “excellent” throughout his service.  He should be awarded the Army Good Conduct Medal.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

3.  The applicant’s DD Form 214 already shows he was awarded the “VCAM,” i.e., the Republic of Vietnam Campaign Medal with device (1960).

BOARD VOTE:

__jbg___  __dws___  __rsv___  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 Army Good Conduct Medal for the period 17 May 1966 through 16 May 1968; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




__James B. Gunlicks___
          CHAIRPERSON




INDEX

CASE ID
AR20070013859
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0056
2.

3.

4.

5.

6.