RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080003164 


	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, in effect, that he honorably served a qualifying period for this award. 

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 December 1968 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 for a period of 3 years on 26 April 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 December 1968.

3.  The applicant’s records show that he served in the Republic of Vietnam from 13 December 1967 to 7 December 1968.  He was assigned to the 101st Military Police Company, 101st Airborne Division.  

4.  Item 24 (Decoration, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.  Item 24 does not show award of the Good Conduct Medal.  

5.  Item 5 (Corrections) of the applicant’s DD Form 215 (Correction to DD Form 214), dated 8 October 1970, shows the applicant was awarded the Purple Heart and the Bronze Star Medal.  Item 5 does not show award of the Good Conduct Medal.  

6.  The applicant’s records do not contain orders awarding him the Good Conduct Medal.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Good Conduct Medal orders on file for the applicant.  

8.  Section 4 of the applicant's DA Form 24 (Service Records) shows that the applicant had all “excellent” conduct and efficiency ratings throughout his military service and no convictions by a court-martial.  

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

10.  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.


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

12.  Headquarters, 503rd Military Police Battalion, Fort Bragg, North Carolina, Special Orders Number 171, dated 31 August 1967, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Headquarters, 4th Training Brigade (Military Police), U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 114, dated 22 August 1966, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

14.  Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 100, dated 17 June 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

15.  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 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, based on Department of the Army General Orders Number 48, dated 1971.

16.  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.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases III, IV, V, and VI, and the TET 69 Counteroffensive 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 and that a silver service star denotes five bronze service stars. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably during the period 26 April 1966 to 9 December 1968 and had all “excellent” conduct and efficiency ratings throughout his military service and no convictions by a court-martial.  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.  Therefore, he is entitled to correction of his records to show this award.  

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his records to show these awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal; additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  The applicant is therefore entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

__XXX___  __XXX___  __XXX___  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 26 April 1966 to 9 December 1968, and 

	b.  adding the Good Conduct Medal (1st Award), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal, to his DD Form 214, dated 9 December 1968.




						XXX
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080003164



6


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508