IN THE CASE OF:	  

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20090000255 


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 Good Conduct Medal (GCMDL), the Meritorious Unit Commendation (MUC) and four bronze service stars to denote campaign participation. 

2.  The applicant states, in effect, that he should have been awarded the GCMDL, the MUC and four bronze service stars for wear on his Vietnam Service Medal (VSM) to denote his campaign participation. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his Honorable Discharge Certificate, a copy of a Vietnam Combat Certificate, a copy of a Certificate of Achievement and a separate page containing awards information.

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 United States Army Reserve (USAR) under the delayed entry program on 25 May 1967 for a period of 6 years.  He enlisted in the Regular Army on 22 September 1967 for a period of 3 years and training as a military policeman (MP).  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a MP at Fort Gordon, Georgia before being transferred to Vietnam on 25 February 1968.

3.  He was assigned to Company C, 504th Military Police Battalion for the entire duration of his tour and was advanced to the pay grade of E-3 on 5 March 1968 and to the pay grade of E-4 on 23 November 1968.  He departed Vietnam on 13 February 1969 and was transferred to Fitzsimmons General Hospital in Denver, Colorado for duty as a senior MP. 

4.  On 26 September 1969, he was transferred to Germany.  He was promoted to the pay grade of E-5 on 3 February 1970 and on 18 August 1970, he was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD), on 19 August 1970, for the purpose of attending school.  He had served 2 years, 10 months and 18 days of total active service and his DD Form 214 issued at the time of his REFRAD shows, in part, that he was awarded the Vietnam Campaign Medal, the National Defense Service Medal and the VSM.

5.  A review of the available records show the applicant had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the GCMDL.

6.  Army Regulation 672-5-1, in effect at the time, provides that the GCMDL 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.  





7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicant’s departure from Vietnam, his unit was awarded the MUC, Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with the unit.  Additionally, the applicant served in four campaigns while in Vietnam and thus is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the GCMDL, the MUC and four bronze service stars has been considered and found to have merit. 

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 
22 September 1967 through 19 August 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  
Therefore, in the interest of justice, this error should be corrected and the applicant should receive the GCMDL at this time.

3.  Additionally, the evidence of record also establishes that the applicant is entitled to award of the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM.

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 GCMDL for the period of 22 September 1967 to 
19 August 1970; and 

   b.  adding the following awards to his DD Form 214:  the GCMDL, the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM.




      _______ _   __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)                                         AR20090000255



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ABCMR Record of Proceedings (cont)                                         AR20090000255



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