IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080010535 


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 Soldiers Medal for Heroism."

2.  The applicant states that he was awarded the Soldier's Medal and was handed the medal for building a landing zone (LZ) in the Republic of Vietnam. 

3.  The applicant provides in support of his application a copy of a certificate, dated 4 May 1970, that shows he was awarded the Soldier's 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 enlisted in the Regular Army for a period of 3 years on 22 August 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62E (Crawler Track Operator).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 26 March 1971.  The highest rank 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 4 July 1969 to 25 March 1971.  He was assigned to the 4th Engineer Battalion, 4th Infantry Division, from 4 July 1969 to 27 August 1970; 687th Engineer Company, from 28 August 1970 to 5 October 1970; and Company A, 864th Engineer Battalion (Combat), from 6 October 1970 to 25 March 1971.

4.  Item 24 (Decorations, Medals, Badges, 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) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal (2nd Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge (M-14), and 3 Overseas Service Bars.  Item 24 does not show award of the Soldier's Medal.

5.  Headquarters, 4th Infantry Division, General Orders Number 2661, dated 29 April 1970, shows the applicant was awarded the Soldier's Medal for heroism not involving actual conflict with an armed enemy, in the Republic of Vietnam, on 23 February 1970.  

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

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.  Furt5hermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Personnel Qualification Record) shows the applicant received an "Excellent" conduct and efficiency rating 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the following:

	a.  the 4th Engineer Battalion, 4th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 29 July 1960 to 17 November 1970, based on the Department of the Army General Order Number 52, dated 1971; and

	b.  the 687th Engineer Company was awarded the Republic of Vietnam Gallantry Civil Actions Honor Medal-First Class Unit Citation, from 3 May 1970 to 10 November 1970, based on the Department of the Army General Order Number 7, dated 1974. 

10.  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.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall, 1969; the Vietnam Winter-Spring, 1970; the DA Sanctuary Counteroffensive, the Vietnam Counteroffensive, Phase VII, and the Consolidation I, 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 is worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Soldier's Medal for heroism not involving actual conflict with an armed enemy, in the Republic of Vietnam, which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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.

3.  The 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 a silver service star to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 22 August 1968 to 26 March 1971.  He attained the grade of E-5 and was awarded 3 Overseas Service Bars for his service in Vietnam. 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.

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 22 August 1968 to 26 March 1971; and

	b.  showing award of the Soldier's Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and a 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)                                         AR20080010535





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ABCMR Record of Proceedings (cont)                                         AR20080010535



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