IN THE CASE OF:	

		BOARD DATE:	20 August 2009  

		DOCKET NUMBER:  AR20090004538 


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 he never received an Army Good Conduct Medal.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 28 September 1968 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 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's military personnel records show he was inducted into the Army of the United States on 5 October 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 64B (Truck Driver).

3.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 334, dated 30 November 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  During the applicant's tour of duty in the Republic of Vietnam he was assigned to the following units:

	a.  the 117th Transportation Company from 3 November 1967 to 2 February 1968 and

	b.  the 124th Transportation Company from 3 February 1968 to 26 September 1968.

5.  On 28 September 1968, the applicant was released from active duty as an overseas returnee.  He had completed 1 year, 11 months, and 24 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the Army Good Conduct Medal.  Item 24 does show he is authorized the Vietnam Service Medal.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served during the Vietnam Counteroffensive Phase III Campaign (1 June 1967-29 January 1968), the Tet Counteroffensive Campaign (30 January 1968-1 April 1968), the Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968), and the Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This publication shows that during the time of the applicant's assignment to the 117th Transportation Company the unit received the Meritorious Unit Commendation (Army) for the period from 1 June 1966 to 31 December 1967 based on Department of the Army General Order Number 17, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows that during the applicant's assignment to the 124th Transportation Company the unit received the Meritorious Unit Commendation (Army) for the period from 1 July 1968 to 31 December 1968.

10.  Department of the Army Pamphlet 672-3 shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

12.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  In 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 5 October 1966 to 28 September 1968 ending with termination of a period of Federal military service.  Therefore, it is appropriate to award him his first award of the Army Good Conduct Medal and include this award on his DD Form 214.

2.  The applicant was assigned to the 117th Transportation Company and the 124th Transportation Company when these units received the Meritorious Unit Commendation (Army).  Therefore, the applicant is authorized the Meritorious Unit Commendation (Army) with First Oak Leaf Cluster and to have these awards included on his DD Form 214.

3.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

4.  The applicant served in the Republic of Vietnam during the period all units assigned in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and it is appropriate to include it on his DD Form 214.

5.  Orders in the applicant's records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to include this award on his DD Form 214.

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 applicant the Army Good Conduct Medal for the period of service from 5 October 1966 to 28 September 1968; and



	b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the Army Good Conduct Medal, the Meritorious Unit Commendation (Army) with First Oak Leaf Cluster, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksmanship Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20090004538



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ABCMR Record of Proceedings (cont)                                         AR20090004538



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