IN THE CASE OF:	

		BOARD DATE:	  31 March 2009

		DOCKET NUMBER:  AR20090000748 


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 award of the Army Good Conduct Medal.

2.  The applicant states, in effect, that he honorably served in the United States Army to include one tour in the Republic of Vietnam.  He states he was selected multiple times as his unit’s Soldier of the Month and also was an outstanding trainee recognized as the “Soldier of the Cycle.”  

3.  The applicant provides copies of the his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 3 April 1969, Special Orders Number 93 dated 3 April 1969 transferring him to the United States Army Reserve Control Group (Annual Training), his honorable discharge certificate, and Letter Orders Number 06-274849 dated 28 June 1972 transferring him to United States Army Reserve Control Group (Standby).

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 was inducted into the Army of the United States on 11 July 1967.  He successfully completed basic and advanced individual training and was awarded the military occupational specialty (MOS) 74B (Card and Tape Writer).  The highest rank he attained during his enlistment was specialist five/pay-grade E-5 (Temporary).  Records show he served in the Republic of Vietnam from 3 April 1968 to 31 March 1969.

3.  The applicant was honorably released from active duty on 3 April 1969 upon his expiration of his term of service and transferred to the United States Army Reserve Control Group (Annual Training).  His DD Form 214 shows he served on active duty for 1 year, 8 months, and 23 days. 

4.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bar.  This same DD Form 214 does not show award of the Army Good Conduct Medal.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to C Company, U. S. Army Training Center, Fort Jackson from 15 September 1967 to 28 February 1968, then assigned to Headquarters and Headquarters Company, 98th Service and Support Battalion (Combat Support), Vietnam from 8 April 1968 to 27 August 1968, and further reassigned to U. S. Army Depot Qui Nhon, Republic of Vietnam from 28 August 1968 to 31 March 1969.  For all assignments the applicant received excellent conduct and efficiency ratings.  His military personnel records do not show any time lost, or record of non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice nor record of court martial. 

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows award of the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  There is no entry for the Army Good Conduct Medal.

7.  On 7 July 1968, the applicant was named the 98th Supply and Service Battalion Soldier of the Month for July 1968.  He received additional honors on 26 July 1968 when he was named the 58th Field Depot, Qui Nhom, Soldier of the Month for July 1968. 
8.  Army Regulation 672-5-1, 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.

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 Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968), Vietnamese Counteroffensive Phase V (1 July - l November 1968), Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969), and the Tet 69/Counteroffensive (23 February - 8 June 1969) 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.  Based on the applicant's commanding officers’ excellent conduct and efficiency ratings, that he was fully qualified for reenlistment, and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 11 July 1967 to 3 April 1969 ending with termination of his first period of qualifying Federal military service. 

2.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

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 to show award of the Army Good Conduct Medal and to have four bronze service bars affixed to the previously awarded Vietnam 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)                                         AR20090000748





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ABCMR Record of Proceedings (cont)                                         AR20090000748



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