IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080018381
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Good Conduct Medal.
2. The applicant states the Good Conduct Medal should be listed on his DD Form 214.
3. The applicant provides a copy of an order awarding him the Good Conduct Medal, a copy of his DD Form 214, a copy of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), and a National Personnel Records Center letter in support of this 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 records show he enlisted in the Regular Army on 29 December 1966. He completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). Sergeant/pay grade E-5 was the highest rank that he achieved.
3. The applicant provided Headquarters, 2d Squadron, 3d Armored Cavalry, General Orders Number 24, dated 17 November 1969, which show award of the Good Conduct Medal for the period 29 December 1966 to 28 December 1969.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period from 30 June 1967 through 27 June 1968. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company A, 3d Battalion, 327th Infantry performing duties as a rifleman.
5. He was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 12 December 1969 after completing 2 years, 11 months, and 14 days of creditable active service.
6. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
8. 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.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968);
TET Counteroffensive (30 January 1968 - 1 April 1968); and Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Good Conduct Medal for the period 29 December 1966 to 28 December 1969. Therefore, he is entitled to correction of his DD Form 214 to show the Good Conduct Medal.
2. Records show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.
3. General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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 adding the Good Conduct Medal, three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
_______ _ 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) AR20080018381
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ABCMR Record of Proceedings (cont) AR20080018381
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