IN THE CASE OF:	 

		BOARD DATE:	  13 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013402 


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 for his 3 years of service. 

2.  The applicant states that he served 2 years, 11 months, and 28 days and his expiration of term of service was 2 November 1969.  He also states, in effect, that 2 November 1969 was on a Sunday; therefore, he was discharged on Friday, 31 October 1969.  His commitment was for 3 years and he thinks he is entitled to the Good Conduct Medal for 3 years of service. 

3.  In support of his application, the applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 records show he enlisted in the Regular Army, in pay grade E-1, on 3 November 1966, for 3 years.  He completed basic combat and advanced training and was awarded military occupational specialty 68B (aircraft engine repairman).  He served in Vietnam from 15 January 1968 to 14 January 1969, with Company A, 1st Transportation Battalion, for 5 campaigns.

3.  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.

4.  The applicant was honorably released from active duty at the expiration of his term of service, in pay grade E-5, on 31 October 1969.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

5.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.  The Good Conduct Medal is not listed.

6.  There is no indication in the applicant's service records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.

7.  The applicant was honorably discharged from the United States Army Reserve for Expiration of Term of Service on 2 November 1972.

8.  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.  

9.  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.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

10.  DA Pamphlet 672-3 shows the applicant's unit was cited for award of the Meritorious Unit Commendation, by Headquarters, Department of the Army General Orders Number 39, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Headquarters, Department of the Army General Orders Number 6, dated 1974, while he was a member of the unit.  These unit awards are not shown on the applicant's DD Form 214.

11.  DA Pamphlet 672-3 also shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

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 shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Good Conduct Medal (First Award), for the period 3 November 1966 to 31 October 1969, and to have it added to his DD Form 214.

2.  The applicant served in five campaigns while he served in Vietnam.  He is therefore entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal and to be shown on his DD Form 214.

3.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards on his DD Form 214.

4.  In view of the foregoing, the applicant’s records 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:

   a.  awarding the applicant the Good Conduct Medal for the period 3 November 1966 to 31 October 1969;
   
   b.  awarding the applicant one silver service star to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit;
   
   c.  awarding the applicant the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;
   
   d.  adding these awards to the list of awards already shown on his DD Form 214; and
   
   e.  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)                                         AR20080013402



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ABCMR Record of Proceedings (cont)                                         AR20080013402


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