RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080000554 


	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 Good Conduct Medal.

2.  The applicant states that he completed a 3-year enlistment and served one year in Vietnam.

3.  The applicant provides no additional evidence 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 was inducted into the Army of the United States on 7 January 1966 and honorably discharged on 13 January 1966 for enlistment in the Regular Army.  He enlisted in the Regular Army on 14 January 1966 for a period of 
3 years.  He arrived in Vietnam on 6 June 1967.  He served as a tab equipment repairman assigned to the 1st Administration Company, 1st Infantry Division in Vietnam from 10 June 1967 through 2 June 1968.  On 13 January 1969, he was released from active duty in the temporary rank of specialist five after completing 3 years and 7 days of creditable service with no time lost.

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, two awards of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he received a service school efficiency rating of “good” based upon academic proficiency during the period 1 June 1966 through 15 February 1967.  


5.  There are no orders for the Good Conduct Medal in the available records.  However, a DA Form 137 (Installation Clearance Record), dated 2 January 1969, shows the applicant was recommended for the Good Conduct Medal.

6.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

7.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), 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.  There are no orders for the Good Conduct Medal in the available records.  However, the applicant was released from active duty in the temporary rank of specialist five after completing over 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him.  In addition, he was recommended for the Good Conduct Medal on 2 January 1969.  Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 7 January 1966 through 6 January 1969.  

2.  The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

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 first award of the Good Conduct Medal for the period 7 January 1966 through 6 January 1969; and 

	b.  adding the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. 
	


      ___             XX_____
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000554


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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