IN THE CASE OF:	

		BOARD DATE:	13 August 2009  

		DOCKET NUMBER:  AR20090005540 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal. 

2.  The applicant states that he was discharged very quickly.

3.  The applicant provides a copy of his DD Form 214 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 was inducted into the Army of the United States on 
10 July 1970.  He arrived in Vietnam on 10 August 1971.  He served as a clerk typist assigned to Headquarters and Headquarters Company (HHC), 159th Engineer Group in Vietnam from 13 August 1971 through 10 January 1972.  On 
11 January 1972, the applicant was released from active duty in the rank of specialist four after completing 1 year, 6 months, and 2 days of creditable active service with no time lost.  

3.  The applicant's DD Form 214 shows the National Defense Service Medal and the Vietnam Service Medal as authorized awards.  Item 26a (Non-Pay Periods Time Lost) on his DD Form 214 shows the entry "23-31JUL71."  Item 30 (Remarks) on his DD Form 214 shows he had 9 days of excess leave (23-31 July 1971).  

4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) on the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Item 10 (Days Time Lost) on the applicant's USARV Form 137-R (Personnel Data Sheet), dated 8 January 1972, shows the entry "0."

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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 HHC, 159th Engineer Group was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

9.  Army Regulation 672-5-1, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

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, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the rank of specialist four with 18 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
10 July 1970 through 11 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to add this foreign unit award to 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 him the first award of the Good Conduct Medal for the period 
10 July 1970 through 11 January 1972; and 

	b.  adding the Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.   



      _______ _   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)                                         AR20090005540





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ABCMR Record of Proceedings (cont)                                         AR20090005540



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