IN THE CASE OF:
BOARD DATE: 31 MARCH 2009
DOCKET NUMBER: AR20090001104
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 that he was discharged prior to his expiration of term of service (ETS) due to large and rapid cutbacks in personnel and he was separated on temporary records. He states that his original ETS was 3 years.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from the National Personnel Records Center, dated 15 August 2008, in support of his 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 applicants 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 applicants 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 on 18 June 1969 for a period of 3 years. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11C (infantry indirect fire crewman). His highest grade held was sergeant (SGT), E-5.
3. The applicant was assigned to Vietnam on 9 June 1970 with the 1st Battalion, 7th Cavalry, 1st Cavalry Division.
4. The applicant departed Vietnam on 5 May 1971. He was credited with participation in the DA Sanctuary Counteroffensive Campaign and the Vietnam Counteroffensive Phase VII Campaign.
5. The applicant was honorably released from active duty on 11 January 1972 on temporary records in the rank of SGT. He completed 2 years, 6 months, and 24 days of active military service with no days of lost time. His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.
6. There is no record of disciplinary actions in the applicant's service personnel records.
7. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, and the Combat Infantryman Badge.
8. 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 that, at the time of the applicant's assignment to the 1st Battalion, 7th Cavalry, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 42, dated 1972.
9. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.
10. 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 this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 18 June 1969 through 11 January 1972. His service records show he received conduct and efficiency ratings of "excellent" and was promoted to SGT during this period.
2. The applicant was assigned to the 1st Battalion, 7th Cavalry, 1st Cavalry Division, during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this foreign unit award should be added to his DD Form 214.
3. The applicants DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in two campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his 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 by:
a. awarding him the first award of the Army Good Conduct Medal for the period 18 June 1969 through 11 January 1972; and
b. amending his DD Form 214 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.
____________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.
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