IN THE CASE OF:	

		BOARD DATE:	11 June 2009  

		DOCKET NUMBER:  AR20080019533 


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, in effect, that he be awarded the Army Good Conduct Medal.  He also requests issue of medal sets for the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal which are already shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was never awarded the Army Good Conduct Medal even though he was never court-martialed or received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.

3.  The applicant provides his DD Form 214 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 requests medal sets for the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to 
the National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted via a letter or completing a Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  In view of the above, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military records show that he enlisted in the Regular Army (RA) on 31 August 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Police).  After completing airborne training, he departed for the Republic of Vietnam on 20 April 1966, and served with Headquarters and Headquarters Company, 173rd Airborne Brigade (Separate).  He returned to the continental United States on 19 April 1967 and was assigned to Dugway Proving Ground, Utah.  He served on temporary duty in Panama from 4 October 1967 to 10 March 1968, then returned to Dugway Proving Ground, where he served until he was honorably released from active duty on 30 August 1968.  The DD Form 214 that was issued to him at the time of his release from active duty (REFRAD) shows that he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Parachutist Badge.

4.  The applicant completed 3 years of enlisted active duty service from 31 August 1965 to 30 August 1968, but his efficiency rating while assigned to the 65th Military Police Platoon, Dugway Proving Ground, Utah for the period 19 May 1967 to 4 October 1967 was only rated as "good." His conduct rating with this same unit for the period 5 October 1967 to 11 March 1968 was also only rated as "good."

5.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army 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.  There was no right or entitlement to the Good Conduct Medal until the immediate commander approved the award and the award has been announced in permanent orders.  

6.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal.

2.  While the applicant was not convicted by a court-martial, by regulation, in order to be favorably considered for the Army Good Conduct Medal, he must have had all "excellent" conduct and efficiency ratings, with the exception being "good" ratings based upon academic proficiency.  As the applicant received only a "good" efficiency rating for the period 19 May 1967 to 4 October 1967 and only a "good" conduct rating for the period 5 October 1967 to 11 March 1968, and neither of these ratings was based on his academic proficiency, there is an insufficient basis upon which to award him the Army Good Conduct Medal for the period 31 August 1965 to 30 August 1968 in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be proud of his service in arms.



      __________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)                                         AR20080019533



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019533



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1