IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20090001256 


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 that he be awarded the Good Conduct Medal.

2.  The applicant states he just noticed that there was no Good Conduct Medal listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He was on active duty for 3 years and 1 month and believes he is entitled to the award.

3.  The applicant provides a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no additional arguments, contentions, or documentation.

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 on 28 August 1964; completed basic, advanced, and airborne training; and was awarded the military occupational specialty 91B (Medical Specialist).

3.  He served in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 501st Infantry Regiment from 8 July 1965 through 25 July 1966.

4.  The applicant received shrapnel wounds to his left leg on 11 March 1966 and was awarded the Purple Heart for this injury.

5.  On 2 June 1966, the applicant was awarded the Army Commendation Medal with "V" Device for his heroic actions on 9 March 1966.

6.  The applicant was released from active duty and placed on the Temporary Disabled Retired List (TDRL) on 28 September 1967 for aseptic necrosis of the right femoral head.

7.  The applicant 's DD Form 214 shows his awards as the Parachutist Badge, the Vietnam Service Medal, the Combat Medical Badge, the Purple Heart, the Army Commendation Medal with "V" Device, the National Defense Service Medal, the "Vietnam Commendation Medal," and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  The record contains no indication of disciplinary actions or derogatory information. 

9.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  advancement to specialist four;

	b.  service in Vietnam during one campaign period;

	c.  service in Vietnam from 8 July 1965 through 25 July 1966; 


	d.  his authorized awards are the Parachutist Badge, the Vietnam Service Medal, the Combat Medical Badge, the Purple Heart, the Army Commendation Medal with "V" Device, the National Defense Service Medal, the Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	e.  his conduct and efficiency ratings are reported as excellent or unknown.

10.  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 while the applicant was assigned to the 1st Battalion, 501st Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

11.  Army Regulation 600-8-22 (Military Awards) sets forth the policies and procedures for military awards.  In pertinent part it states that:

	a.  the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Vietnam Defense Campaign, 8 March 1965 – 24 December 1965; the Vietnam Counteroffensive, 25 December 1965 – 30 June 1966; and the Counteroffensive Phase II, 1 July 1966 – 31 May 1967.


DISCUSSION AND CONCLUSIONS:

1.  The applicant states he just noticed that there was no Good Conduct Medal listed on his DD Form 214.  He was on active duty for 3 years and 1 month and believes he is entitled to the award.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 28 August 1964 through 27 August 1967.

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's DD From 214 incorrectly lists the Republic of Vietnam Campaign Medal with Device (1960) as the "Vietnam Commendation Medal."  This typographical error should be corrected at this time.

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.  deleting the entry of the "Vietnam Commendation Medal" from his DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for his period of service from 28 August 1964 through 27 August 1967; and 

	c.  showing that, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear three bronze service stars on his 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)                                         AR20090001256





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001256



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1