IN THE CASE OF:	

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080005066 


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 award of the Army Good Conduct Medal.

2.  The applicant states that he believes that he met the criteria during his time of 3 years of active service of exemplary behavior, efficiency, and fidelity as well as distinguishing himself in Viet Nam and at Fort Rucker.  Since it was a time of war and many people were passing through the system, he believes that he was overlooked for the Army Good Conduct Medal.

3.  The applicant provides copies of his DD Form 214; a Department of the Army Certificate of Appreciation, dated 24 October 1969; a United States Army Support Command, Da Nang, Vietnam, Certificate of Achievement, dated 5 July 1968; and a Letter of Commendation, dated 29 September 1969.

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 enlisted in the Regular Army on 25 October 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 51K (Plumber).  The applicant was later awarded MOS 45J (Aircraft Armament Repairman).

3.  The applicant arrived in Vietnam with the 111th Engineer Company on or about 11 July 1967.  He departed Vietnam on or about 6 July 1968 after being credited with participating in three campaigns.

4.  On 24 October 1969, he was honorably released from active duty in the rank of specialist five (temporary)/E-5 after completing 3 years of creditable active service with no time lost.

5.  The applicant's DD Form 214 for the ending period 24 October 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge (M-14), the Marksman Marksmanship Qualification Badge (M-16), and one Overseas Service Bar.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

7.  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.

8.  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 pamphlet shows that, at the time of the applicant’s assignment to the 111th Engineer Company, it was cited for award of the Meritorious Unit Commendation for the period 1 August 1967 through 30 June 1968 based on Headquarters, Department of the Army, General Orders Number 1, dated 1969.

9.  Department of the Army General Orders Number 8, dated 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of specialist five with 3 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 25 October 1966 through 24 October 1969.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation.  His participation in three campaigns makes him eligible for three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

4.  The applicant served in Vietnam from 11 July 1967 through 6 July 1968.  Therefore, he is eligible to wear two overseas service bars.  His DD Form 214 should be amended to reflect this fact.


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 the applicant the Army Good Conduct Medal (1st Award) for the period 25 October 1966 through 24 October 1969; and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be worn on his already-awarded Vietnam Service Medal, and two overseas service bars.



      _________xxxx____________
                 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)                                         AR20080005066



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005066



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1