IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080002027 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect all of his authorized awards and that a determination be made as  to his eligibility for award of the Good Conduct Medal (GCMDL). 

2.  The applicant states that all of his awards are not reflected on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center indicating what his authorized awards are.

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 Portland, Oregon on 23 March 1966.  He completed his training and was assigned to Fort Riley, Kansas. 

3.  He was transferred to Vietnam on 12 December 1966 and was assigned to Company B, 25th Medical Battalion, 25th Infantry Division for duty as a medical specialist.  He was advanced to the pay grade of E-4 on 17 January 1967 and on 1 November 1967, he was promoted to the pay grade of E-5.

4.  He departed Vietnam on 11 December 1967 and was transferred to Fort Lee, Virginia for duty as a medical specialist at Kenner Army Hospital.  He remained at Fort Lee until 22 March 1968, when he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD indicates he was awarded the Army Commendation Medal, the National Defense Service Medal and the Sharpshooter marksmanship badge with rifle bar.

5.  A review of the applicant’s records shows that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information in his records that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).  His installation clearance record also contains a recommendation for award of the GCMDL.

6.  A further review of his records also shows that the applicant was awarded the Combat Medical Badge (CMB), the Republic of Vietnam Campaign Medal and the Vietnam Service Medal with two bronze service stars.

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal –First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  
   
DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 23 March 1966 through 22 March 1968.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

2.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.

3.  The evidence of record also establishes that the applicant was awarded the CMB, the Republic of Vietnam Campaign Medal and the Vietnam Service Medal (VSM) with two bronze service stars that were omitted from his DD Form 214 at the time of his REFRAD. 

4.  Additionally, the evidence of record also shows that he is entitled to awards of the MUC, the VUA, the RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation.  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 showing his awards of the CMB, the Republic of Vietnam Campaign Medal, and the VSM with two bronze service stars and by awarding him the GCMDL for the period of 23 March 1966 to 22 March 1968 and awards of the MUC, VUA, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.
 




      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080002027





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ABCMR Record of Proceedings (cont)                                         AR20080002027



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