IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080005262 


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 had a good record, and he had no disciplinary actions or Article 15s.  

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 was inducted into the Army on 15 May 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  
3.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar while in basic combat training.

4.  The applicant arrived in Vietnam and was assigned to Company B, 1st Battalion, 508th Infantry, 3d Brigade, 82d Airborne Division, on 27 October 1968.

5.  The applicant departed Vietnam on 10 October 1969 after being credited with participation in four campaigns.

6.  The applicant was honorably released from active duty on 14 May 1970, in the rank and grade of Sergeant, E-5, after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal, and the Air Medal.

7.  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 service.  There is no evidence of record to show he was disqualified for award of the Army Good Conduct Medal.

8.  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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  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.  

10.  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, 508th Infantry, it was cited for award of the Valorous Unit Award for the period 1 May 1968 through 8 January 1969 by Department of the Army General Order Number 43, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 508th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 through 11 November 1969 by Department of the Army General Order Number 43, 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 2 years of creditable active service.  There is no derogatory information in his records, his conduct and efficiency were rated as “excellent” throughout his service, and there is no evidence of record to show he was disqualified for award of the Army Good Conduct Medal.  It appears he met the eligibility criteria for award of this medal.

2.  Evidence of records shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should be added to his DD Form 214.

4.  The applicant was credited with participation in four campaigns while in Vietnam and therefore is eligible to wear four bronze service stars on his Vietnam Service Medal instead of the two bronze service stars now reflected on 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 May 1968 through 14 May 1970; 

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

     c.  amending his DD Form 214 to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal instead of the two bronze service stars now reflected.




 _    _____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)                                         AR20080005262





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ABCMR Record of Proceedings (cont)                                         AR20080005262



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