DOCKET NUMBER:  AR20090004433 


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 Army Good Conduct Medal.

2.  The applicant states, in effect, that he earned the Army Good Conduct Medal because he never received any disciplinary action and he was awarded the Bronze Star Medal with "V" Device. 

3.  The applicant provides a copy of the general orders with the citation for award of the Bronze Star Medal with "V" Device. 

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 8 May 1968.  He completed training as an artilleryman and served in Vietnam from 
6 October 1968 to 8 December 1969.  

3.  Headquarters, Americal Division, General Orders Number 12834, dated 
19 December 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 11 September 1969.  His base was attacked while he was serving as a cook with C Battery, 3rd Battalion, 82nd Artillery.  He maneuvered through a heavy enemy barrage and took command of a howitzer section.  Although subject to intense enemy fire, he provided continuous, illuminating fire throughout the night. 

4.  His DA Form 20 (Enlisted Qualification Record), Item 38 Record of Assignments) shows his conduct and efficiency ratings were exclusively "excellent".

5.  On 10 December 1969, he was honorably released from active and transferred to the United States Army Reserve Control Group (Annual Training).  His DD Form 214 (Armed Forces of the United States Report of Transfer) lists his authorized awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Army Commendation Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), the Bronze Star Medal with "V" Device, and two overseas service bars. 

6.  Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed 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 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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the VSM.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Based on the dates of the applicant's Vietnam service, he served during the following five campaign periods:  Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968; Vietnamese Counteroffensive Phase VI, 
2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February – 
8 June 1969; Vietnam Summer - Fall 1969, 9 June - 31 October 1969; and the Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 197.  A bronze service star is authorized for each campaign period.  A silver service star is authorized in lieu of five bronze service stars.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards for the Vietnam era.  The 3rd Battalion, 82nd Artillery was awarded the Meritorious Unit Commendation for the period from 15 November 1967 through 17 March 1969 by Department of the Army General Order (DAGO) Number 39, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 by DAGO 42, dated 1972.  

9.  A DD Form 215 (Correction to the DD Form 214) was issued to the applicant on 9 June 2006.  This document shows the VSM was deleted from the applicant’s DD Form 214 and the following awards were added to the DD Form 214:  the VSM with one bronze service star, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he earned the Army Good Conduct Medal based on award of the Bronze Star Medal with "V" Device and because he never received any disciplinary action.  

2.  The applicant distinguished himself during a qualifying period of active duty service as evidenced by his exclusively "excellent" ratings and his personal decorations.  Also, there is no evidence that he was denied the award.  Therefore, he should be awarded the Army Good Conduct Medal for the period
8 May 1968 to 10 December 1969.

3.  The applicant served in Vietnam during five designated campaign periods and he is authorized a silver service star to be worn on the VSM. 

4.  The applicant's unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The DD Form 215 that he was issued inadvertently authorized one bronze service star rather than one silver service star to be worn on the VSM.  This document also specified that the applicant should be awarded the Republic of Vietnam Gallantry Cross with Palm which is an individual award rather than the unit award.  This DD Form 215 should be voided and reissued.
6.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.
 
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 the individual the Army Good Conduct Medal for the period        8 May 1968 to 10 December 1969; 
   
   b.  voiding the DD Form 215, dated 9 June 2006; and  
   
   c.  reissuing the individual a DD Form 215 to add the following awards to the list of awards shown on his DD Form 214:  Army Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver service star to be worn on the 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)                                         AR20090004433



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ABCMR Record of Proceedings (cont)                                         AR20090004433



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