IN THE CASE OF:	  

		BOARD DATE:	       11 September 2008

		DOCKET NUMBER:  AR20080005131 


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 volunteered to serve as an infantry paratrooper.  He served one year in Vietnam.  He received an honorable discharge after           3 years of service.

3.  The applicant provides 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 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 15 February 1965.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 12A (Pioneer).  He completed basic airborne training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) on 25 March 1966.

3.  The applicant arrived in Vietnam and was assigned to Company A, 1st Battalion, 22d Infantry on 20 September 1966.  He departed Vietnam on           13 August 1967 after being credited with participation in two campaigns.

4.  The applicant was honorably released from active duty on 14 February 1968, in the rank and grade of Sergeant, E-5, after completing 3 years of creditable active service with no lost time.  

5.  The applicant’s DD Form 214 shows he was awarded the Parachutist Badge, the National Defense Service Medal, the “Marksman (3.5RL),” the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.

6.  The applicant’s records contain no derogatory information.  His DA Form      20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his enlistment.

7.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal. 

9.  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 document shows that, at the time of the applicant's assignment to the 1st Battalion, 22d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through     16 April 1971 by Department of the Army General Orders (DAGO) Number 54, dated 1974.
10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 22d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the rank and grade of Sergeant,   E-5, after completing 3 years of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 15 February 1965 through 14 February 1968.

2.  The applicant was credited with participation in two campaigns and therefore is eligible to wear two bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

3.  The applicant was assigned to a unit during a period of time that unit 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.  These unit awards should be added to his DD Form 214.

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 Army Good Conduct Medal for the period 15 February 1965 through 14 February 1968; and 

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal in lieu of the one bronze service star now reflected on his DD Form 214.



      _________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)                                         AR20080005131



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ABCMR Record of Proceedings (cont)                                         AR20080005131



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