IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009973 


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 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he believes his years of service qualify him for the Army Good Conduct Medal and his Vietnam Service Medal qualifies him for the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The applicant provides a copy of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 February 1970 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 personnel record shows he was inducted on 
21 February 1968 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  The applicant was assigned to E Company, 2nd Battalion, 1st Infantry in the Republic of Vietnam during the period from 6 August 1968 to 18 July 1969.

4.  On 28 April 1969, the applicant was promoted to sergeant/pay grade E-5 effective 6 April 1969.

5.  On 20 February 1970, the applicant was released from active duty due to the expiration of his period of active duty.  He had completed 2 years of active service that was characterized as honorable.  He was assigned a reentry (RE) code of RE-1 (fully qualified for reenlistment).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 November 1966 does not indicate the applicant was awarded the Army Good Conduct Medal or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  However, Item 24 does show the applicant is authorized the Vietnam Service Medal. 

7.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.  The applicant received conduct and efficiency ratings of “excellent” throughout his service.

9.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 22 February 

1969); the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 
31 October 1969).

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows the 2nd Battalion, 1st Infantry received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 16 April to 28 August 1969, based on Department of Army General Order Number 6, dated 1974.  

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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 school and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 
22 November 1955 are not disqualifying.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should reflect the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  Based on the applicant having been promoted to sergeant 13 months after he was inducted and in the absence of evidence showing disqualification, it is appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service from 21 February 1968 to 20 February 1970 ending with termination of a period of Federal military service.

3.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.  

4.  Based on the applicant's service with the 2nd Battalion, 1st Infantry he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
 
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 amending his DD Form 214 to show he was awarded the Army Good Conduct Medal for the period of service from 21 February 1968 to 20 February 1970 and that he is authorized four bronze service stars to be worn on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20080009973





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ABCMR Record of Proceedings (cont)                                         AR20080009973



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