IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080019494
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 he be awarded the Good Conduct Medal.
2. The applicant states when he returned from Vietnam, he was quickly out-processed at Oakland Army Base, Oakland, CA, and was separated without receiving his Good Conduct Medal.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.
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 enlisted in the Regular Army for 3 years on 25 October 1963. He underwent basic combat training at Fort Dix, NJ, and advanced individual training at Fort Monmouth, NJ. He was awarded military occupational specialty 26F (Radio Repairman) and transferred to Fort Benning, GA, for his first duty assignment.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 15 May 1966 to on or about 15 September 1966, first with Headquarters and Maintenance Support Company, 63rd Maintenance Battalion, and then with the 578th Light Equipment Maintenance Company. It also shows he had uniformly "excellent" conduct and efficiency ratings throughout his period of service.
4. The applicant was honorably separated at Oakland Army Base on 18 October 1966. He served 2 years, 11 months, and 24 days of creditable active Federal service and he had no lost time.
5. Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's service, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.
6. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of the regulation. The bronze service star is worn on the appropriate service medal. During the applicant's service in Vietnam, there were two named campaigns, Counteroffensive and Counteroffensive, Phase II.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Good Conduct Medal.
2. The applicant had "excellent" conduct and efficiency ratings and no derogatory information in his records. He should be awarded the Good Conduct Medal and it should be added to his DD Form 214.
3. The applicant participated in two campaigns during his Vietnam service; therefore, his Vietnam Service Medal should reflect two bronze service stars.
4. The applicant is also entitled to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation shown on his DD Form 214.
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 him the Good Conduct Medal for the period 25 October 1963 through 18 October 1966;
b. deleting the Vietnam Service Medal from his DD Form 214; and
c. adding the Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
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) AR20080019494
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ABCMR Record of Proceedings (cont) AR20080019494
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