IN THE CASE OF:	  

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080009173 


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, in effect, award of the Good Conduct Medal and any other medal he deserves and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that the Good Conduct Medal is not shown on his DD Form 214 and he would like to receive a DD Form 215 (Correction to DD Form 214) showing this award.  He also states, in effect that he sent for and received the medals, to include the Good Conduct Medal, he earned in the Army.

3.  The applicant provides a copy of his DD Form 214 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 military record shows he enlisted in the Regular Army, in pay grade E-1, on 21 September 1965, for 3 years.  He completed basic and advanced training in military occupational specialty (MOS) 63F, Recovery Specialist. 

3.  The applicant's record shows that he served in the Republic of Vietnam from 23 July 1966 to 25 June 1967, with Company C, 704th Maintenance Battalion, 4th Infantry Division, for two campaigns.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was found disqualified for award of the Good Conduct Medal.

5.  The applicant was released from active duty at the expiration of his term of service, in pay grade E-5 (temporary), on 20 September 1968.  He was transferred to the United States Army Reserve Control Group (Reinforcement).  

6.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; one Overseas Service Bar; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14).  The Good Conduct Medal is not listed.  

7.  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.  

8.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal including the Vietnam Service Medal.  

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with 704th Maintenance Battalion, it was cited for award 

of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by Department of the Army General Orders Number 54, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant met the criteria for award of the Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which show the applicant was disqualified for this award. Therefore, the applicant is entitled to award of the Good Conduct Medal (First Award), for the period 21 September 1965 to 20 September 1968.

2.  The evidence further shows the applicant served in Vietnam from 23 July 1966 to 25 June 1967, for two campaigns.  Therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  The evidence also confirms that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  Therefore, these unit awards should also be added to the applicant's DD Form 214.

3.  In view of the foregoing, the applicant’s record should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ___x_____  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 awarding the applicant the Good Conduct Medal, for the period 21 September 1965 to 20 September 1968; two bronze service stars to be affixed to his 

already-awarded Vietnam Service 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 by adding these awards to the list of awards shown on his DD Form 214 and providing him a corrected separation document that includes these awards. 




      _______ _ x  _______   ___
               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)                                         AR20080009173



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ABCMR Record of Proceedings (cont)                                         AR20080009173


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