IN THE CASE OF:	

		BOARD DATE:	  2 December 2008

		DOCKET NUMBER:  AR20080015163 


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 that he be considered for award of the Good Conduct Medal (GCM).

2.  The applicant states, in effect, that was not awarded the GCM during his periods of active duty service in the military.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an ending date of 1 August 1968 and a copy of his DD Form 214 (Report of Separation from Active Duty) with an ending date of 20 September 1974 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 service records show he was inducted into the Army of the United States on 2 August 1966 and upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11D (Armor Crewman).  The applicant's military service records show the highest grade he held during this enlistment was sergeant (SGT)/pay grade E-5. 

3.  Section 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Troop A, 1st Squadron,
4th Cavalry Regiment, 1st Infantry Division in the Republic of Vietnam from
6 February 1967 through 5 February 1968 and it also shows he served in the Republic of Korea from 8 December 1970 through 7 January 1972.

4.  The applicant's DD Form 214 dated 1 August 1968 shows he was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  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 2nd Class Gunner (81mm Mortar), National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with one bronze service star, Army Commendation Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol (.45 Caliber) Bars.  The GCM is not listed as an authorized award.

5.  Section 38 (Record of Assignments) of the applicant’s DA Form 20 shows that throughout his assignments during his tenure of service from 2 August 1966 to
1 August 1968 his conduct and efficiency ratings were all rated as “excellent.”

6.  The applicant enlisted into the Regular Army on 23 September 1968 in the same MOS 11D (renamed Armor Reconnaissance Specialist).  The applicant's military service record shows the highest grade he held during this enlistment was SGT.

7.  The applicant's DD Form 214, dated 20 September 1974, shows he was honorably discharged from active duty.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, 2nd Class Qualification Badge (81mm Mortar), Marksman 
Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.35 Caliber) Bars, Army Commendation Medal, Combat infantryman Badge, Armed Forces 
Expeditionary Badge (Korea), Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal with three bronze service stars.  The GCM is not listed as an authorized award.
8.  Section 38 of the applicant’s DA Form 20 shows that throughout his assignments during his tenure of service from 23 September 1968 to
21 September 1971 his conduct and efficiency ratings were all rated as “excellent.”

9.  A review of the applicant's records show there is no record of derogatory or adverse information on file in his military service records or that the applicant was disqualified for award of the GCM.  There is no evidence that the applicant was awarded a GCM during his periods of service from 2 August 1966 to 1 August 1968 and from 23 September 1968 to 22 September 1971.

10.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time the applicant was assigned to the 1st Squadron, 4th Calvary Regiment, 1st Infantry Division the unit was cited for award of the Valorous Unit Award for the period 31 January through
31 May 1968 by Department of the Army General Orders Number 31, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows at the time the applicant was assigned to the 1st Squadron, 4th Calvary Regiment, 1st Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968 by Department of the Army General Orders Number 21, dated 1969.

13.  Army Regulation 672-5-1 (Awards), 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.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korea Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of 
eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the GCM was carefully considered and found to have merit.

2.  The available evidence confirms the applicant served from 2 August 1966 through 1 August 1968 and there is no derogatory information in the available record that would have disqualified him for award of the GCM (1st award).  Therefore, it would be appropriate to award the applicant the first award of the GCM based on completion of a qualifying period of service.

3.  The available evidence confirms the applicant served honorably from
23 September 1968 through 22 September 1971 and there is no derogatory information in the available record that would have disqualified him for award of the GCM (2nd award).  Therefore, it would be appropriate to award the applicant the second award of the GCM based on completion of a qualifying period of service.

4.  Records show that the applicant was assigned to the Republic of Korea from 8 December 1970 through 7 January 1972.  Therefore, he is entitled to award of the KDSM.  

5.  General Orders show that the unit that the applicant was assigned to while in Vietnam was awarded the Valorous Unit Award and the Republic of Vietnam 


Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to award of the Valorous Unit Award and the Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his separation document.  

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 first award of the Good Conduct Medal for the period 2 August 1966 to 1 August 1968;
      
      b.  awarding the applicant the second award of the Good Conduct Medal for the period 23 September 1968 to 22 September 1971; and 
      
      c.  amending the applicant's DD Form 214, dated 20 September 1974, to add award of the Good Conduct Medal (2nd Award), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Korea Defense Service Medal.



      _________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)                                         AR20080015163



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1