IN THE CASE OF:	  

		BOARD DATE:	        21 August 2008

		DOCKET NUMBER:  AR20080009692 


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 correction of his records to show award of the Vietnam Service Medal, the National Defense Service Medal, and the Good Conduct Medal.

2.  The applicant states that there was a mix up regarding his award of the Good Conduct Medal and that some of his medals were not received.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Pictures of the ribbons and medals the applicant received.

	b.  Certificates, dated 20 April 1969 and 10 April 1968, and citation to accompany two awards of the Army Commendation Medal.

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 into the Army of the United States on 10 May 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 1 May 1969.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records show he served in the Republic of Vietnam from 2 October 1967 to 27 April 1969.  He was assigned to Company C, 1st Engineer Battalion, 1st Infantry Division. 

4.  Item 24 (Decorations, 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, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross, the Purple Heart, and the Bronze Star Medal.  Item 24 does not show award of the Good Conduct Medal.

5.  The applicant's records do not contain orders awarding him the Good Conduct Medal.

6.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Good Conduct Medal orders on file for the applicant.

7.  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 Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant received an "Excellent" efficiency and conduct ratings throughout his military service.




8.  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.

9.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  Headquarters, 1st Infantry Division, General Orders Number 1229, dated 15 February 1969, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 7 February 1968.

11.  Headquarters, 1st Infantry Division, General Orders Number 12248, dated 26 November 1968, show the applicant was awarded the Purple Heart (1st Oak Leaf Cluster) for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 20 November 1968.

12.  Headquarters, 1st Infantry Division, General Orders Number 2792, dated 27 March 1968, show the applicant was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam, from 25 January 1968 to 26 January 1968.

13.  Headquarters, 1st Infantry Division, General Orders Number 2514, dated 7 April 1969, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in the Republic of Vietnam, from 4 January 1969 to 7 March 1969.

14.  Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 249, dated 6 September 1967, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 6 September 1967.






15.  Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky, Special Orders Number 161, dated 5 July 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 16 June 1967

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company C, 1st Engineer Battalion, 1st Infantry Division, was awarded the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 53, dated 1970, and the Meritorious Unit Commendation, based on the Department of the Army General Orders Number 51, dated 1971.

17.  Item 24 (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.

18.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases III, IV, V, and VI; the TET Counteroffensive; and the TET 69 Counteroffensive, 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denoted five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the National Defense Service Medal and the Vietnam Service Medal, these awards are already shown on the applicant's records; therefore, there is no further action required.  If the applicant wishes to request the medals themselves, he should submit a written request to the National Personnel Records Center, Attention: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the veteran’s separation or discharge paperwork and any other supporting documentation to substantiate request.

2.  With respect to award of the Good Conduct Medal, the evidence of record confirms that the applicant served honorably during the period 10 May 1967 to 1 May 1969.  He was awarded two awards of the Purple Heart, a Bronze Star Medal, and two awards of the Army Commendation Medal.  Furthermore, his records show he 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.  Therefore, he is entitled to correction of his records to show this award. 

3.  General Orders awarded the applicant two awards of the Purple Heart; one of which is not shown on his records.  Therefore, he is entitled to correction of his records to show two awards of the Purple Heart.

4.  General Orders awarded the applicant two awards of the Army Commendation Medal which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

5.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these awards.

6.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his records to show these awards.

7.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the Vietnam Service Medal.

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 10 May 1967 to 1 May 1969; 

	b.  deleting the entry "Purple Heart" from Item 24 of the applicant's DD Form 214 and replacing it with the entry "Purple Heart (1st Oak Leaf Cluster); and

	c.  showing award of the Purple Heart (1st Oak Leaf Cluster), the Army Commendation (1st Oak Leaf Cluster), the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Meritorious Unit Commendation, and one silver service star to be affixed to his already-awarded Vietnam Service Medal.


															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)                                         AR20080009692



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009692



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1