RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070017520
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 Army Good Conduct Medal.
2. The applicant states that he had never received any nonjudicial punishments or any pay demotions in his years in service.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 10 June 1968 for a period of three years. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman). He later completed airborne training. The applicant was promoted to specialist four on 29 July 1969.
3. He was assigned to Vietnam on 10 April 1970 with Company A, 2nd Battalion, 503rd Infantry.
4. The applicant departed Vietnam on 19 March 1971 and was credited with participation in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.
5. The applicant was released from active duty on 20 March 1971. He completed 2 years, 9 months, and 11 days of active military service with no days of lost time. His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.
6. His DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Air Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicants assignment to the 2nd Battalion, 503rd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 51, dated 1971.
8. Department of the Army Pamphlet 672-3 also shows that, at the time of the applicants assignment to the 2nd Battalion, 503rd Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 5, dated 1973.
9. 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.
10. Army Regulation 600-8-22, in pertinent part, authorizes 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. It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 10 June 1968 through 20 March 1971.
2. The applicant was assigned to a unit during a period it 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. Therefore, these awards should be added to his DD Form 214.
3. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.
BOARD VOTE:
XX_____ XX______ XX______ 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 Army Good Conduct Medal for the period 10 June 1968 through 20 March 1971; and
b. adding the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
XXX_______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017520
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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