IN THE CASE OF:	  

		BOARD DATE:	        29 July 2008

		DOCKET NUMBER:  AR20080008972 


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 Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Navy Presidential Unit Citation.  

2.  The applicant states, in effect, that he wants his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect accurate and current information.

3.  The applicant provided a copy of his DD Form 214, dated 22 November 1968; and a copy of an Internet article showing award of the Navy Presidential Unit Citation.  

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 was inducted in the Army of the United States on 25 November 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on
22 November 1968.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5 (Temporary).

3.  The applicant’s records show he served in the Republic of Vietnam from 7 May 1967 to 6 May 1968.  He was assigned to Battery C, 2nd Battalion, 94th Artillery. 

4.  Item 26 (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 with three bronze service stars, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Good Conduct Medal, the Navy Presidential Unit Citation, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Furthermore, Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received “Excellent” conduct and efficiency ratings during his military service. 

6.  There are no orders in the applicant's records that show he was awarded the Good Conduct Medal.

7.  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.

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 document shows the 2nd Battalion, 94th Artillery, was cited for 
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974; and the Navy Presidential Unit Citation, based on Department of the Army General Orders 32, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served honorably during the period 25 November 1966 to 22 November 1968.  He attained the rank of SGT/E-5 and received “Excellent” efficiency and conduct ratings throughout his military service.  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 based on completion of qualifying service ending with the termination of a period of Federal military service and correct 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 Navy Presidential Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.  

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 25 November 1966 to 22 November 1968; and

	b.  showing awards of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Navy Presidential Unit Citation.


															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)                                         AR20080008972



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ABCMR Record of Proceedings (cont)                                         AR20080008972



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