IN THE CASE OF:	  

		BOARD DATE:	  4 August 2009

		DOCKET NUMBER:  AR20090004738 


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 according to his records he never received the Army Good Conduct Medal and that he had no behavior problems during his 50 months of active duty service. 

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 28 February 1972; his DD Form 214 with separation date of 3 May 1969; his DD Form 47 (Record of Induction); DD Form 4 (Enlistment Contract—Armed Forces of the United States), dated 4 May 1969; DA Form 2166-4 (Enlisted Evaluation Report), dated 2 February 1971; Orders Number 11-1306078, dated 21 November 1973 relieving him from the U.S. Army Reserve Control Group (Standby); DA Form 20 (Enlisted Qualification Record); and training certificates.  

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 5 December 1967 for a 2-year period.  He successfully completed basic and advanced individual training.  He was awarded the military occupational specialty (MOS) 72C (Telephone Switchboard Operator).  The highest rank he attained was specialist five/pay-grade E-5.  

3.  The applicant was honorably discharged from active duty on 3 May 1969 and he immediately reenlisted.  He was issued a DD Form 214 that shows in Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

4.  Records show the applicant served two tours in the Republic of Vietnam:

   a.  he was assigned to Headquarters Service Battery, 1st Battalion, 84th Artillery, 9th Infantry Division, from 16 May 1968 to 13 July 1968; the 9th Administration Company, 9th Infantry Division from 14 July 1968 to 29 June 1969; and the Highway Traffic Center, U.S. Army Republic of Vietnam from       30 June 1969 to 7 August 1970.
   
   b.  he was assigned to the 604th Combat Support Maintenance Company from 31 October 1971 to 22 February 1972.

5.  Headquarters, 9th Infantry Division published General Orders Number 4458 awarding the applicant the Army Commendation Medal for his meritorious service in the Republic of Vietnam from May 1968 to April 1969.

6.  Headquarters, U.S. Army Vietnam published General Orders Number 334 awarding the applicant the Army Commendation Medal with First Oak Leaf Cluster for his period of service from June 1969 to August 1970.

7.  The applicant was honorably released from active duty on 28 February 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was issued a DD Form 214 that shows he completed 4 years, 2 months, and 25 days of active service with 1 year, 7 months, and 10 days service in the Republic of Vietnam. 
8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 28 February 1972 shows award of the Army Commendation Medal, National Defense Service Medal, the Vietnam Service Medal with two Bronze Service Stars, and the Vietnam Campaign Medal.  This DD Form 214 does not show award of the Army Good Conduct Medal.

9.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that for all his assignments he received "excellent" conduct and efficiency ratings.  His military personnel records do not show any time lost, or record of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice or any records of conviction by court-martial. 

10.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows award of the Army Commendation Medal with First Oak Leaf Cluster, National Defense Service Medal, Vietnam Service Medal, the Vietnam Campaign Medal and Overseas Service Bar.  There is no entry for the Army Good Conduct Medal.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  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.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he participated in ten campaigns:  Counteroffensive, Phase IV (2 April to 30 June 1968) Counteroffensive, Phase V (1 July to 1 November 1968); Counteroffensive, Phase VI  (2 November 1968 to 22 February 1969); Tet 69 Counteroffensive (23 February to 8 June 1969); Summer-Fall 1969 (9 June to 31 October 1969); Winter-Spring 1970 (1 November 1969 to 30 April 1970); Sanctuary Counteroffensive (1 May to 30 June 1970); Counteroffensive, Phase VII (1 July 1970 to 31 June 1971); Consolidation I (1 July to 30 November 1971); and Consolidation II (1 December 1971 to 29 March 1972).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star represents five bronze service stars.

13.  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 the unit (9th Infantry Division) to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by publication of Department of the Army, General Order Number 31, dated 1969.  This document shows that based on the time of the applicant’s assignment to 1st Battalion, 84th Artillery, 9th Infantry Division he is entitled to wear the Republic of Vietnam Civil Actions Honor Medal.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's "excellent" conduct and efficiency ratings throughout his two periods of service, his completion of 3 years of satisfactory service, and the absence of evidence showing disqualification, the applicant is entitled to award of the Army Good Conduct Medal based on his completing 3 years of qualifying service from 5 December 1967 to 4 December 1970.  

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in ten campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two silver service stars to be affixed to his previously-awarded Vietnam Service Medal.

3.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal to the 9th Infantry Division during a period of time the applicant was assigned to the Division.  Therefore, the applicant is entitled to have his record corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal.

4.    While not requested by the applicant, it is clear an error exists on his DD Form 214 with the omission of his Army Commendation Medal with Oak Leaf Cluster.  As such, it would be appropriate to correct his record to show award of the Army Commendation Medal with First Oak Leaf Cluster.



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 Army Good Conduct Medal for the period of service from 5 December 1967 through 4 December 1970;
   
   b.  deleting from his DD Form 214, dated 28 February 1972, his Vietnam Service Medal with two bronze service stars and the Army Commendation Medal; and
   
   c.  adding to his DD Form 214, dated 28 February 1972, the Army Commendation Medal with First Oak Leaf Cluster, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two silver service stars.




      _______ _   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)                                         AR20090004738





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ABCMR Record of Proceedings (cont)                                         AR20090004738



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