IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090013876 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he should have been awarded the Army Good Conduct Medal. 

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's military records show he enlisted in the Regular Army in pay grade E-1 on 5 September 1967 for 3 years.  He completed training and was awarded military occupational specialty 71N (Movements Specialist).

3.  The applicant's records show that he served in the Republic of Vietnam from 3 August 1968 to 2 August 1969 with the 507th Transportation Group (Movement Control) during four campaigns.

4.  The applicant's records contain Headquarters, U.S. Army Vietnam, General Orders Number 4145, dated 13 November 1969, awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam from October 1968 to October 1969.  His records also contain a citation for this award.

5.  The applicant was honorably released from active duty in pay grade E-5 on 4 September 1970 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  Entries on the applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) show the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  The Army Good Conduct Medal is not shown.

7.  The available evidence does not show the applicant was awarded the Army Good Conduct Medal.  Additionally, the available evidence does not show the applicant was disqualified by his unit commander for award of the Army Good Conduct Medal.  His conduct and efficiency were rated as "excellent" throughout his enlistment.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Army 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 Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 further authorizes 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 campaign or service medal, including the Vietnam Service Medal.

10.  Department of the Army General Order Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on his DD Form 214.  There is no evidence in his records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award) for the period 5 September 1967 to 4 September 1970 and its addition to his DD Form 214.

2.  The evidence also confirms the applicant was awarded the Army Commendation Medal; however, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to add this award.

3.  The available evidence further confirms the applicant is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These service stars and unit award are not shown on his DD Form 214 and should be added at this time.

4.  In view of the foregoing, the applicant’s records should be corrected 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:

	a.  by awarding the applicant the Army Good Conduct Medal (First Award) for the period 5 September 1967 to 4 September 1970 and

	b.  by amending his DD Form 214 to add the Army Commendation Medal, the Army Good Conduct Medal (First Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded 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)                                         AR20090013876



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ABCMR Record of Proceedings (cont)                                         AR20090013876


   
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