IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017459
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 served 2 years in the Army of the United States and demonstrated exemplary behavior, efficiency and fidelity. His DA Form 20 (Enlisted Qualification Record) shows uniformly "excellent" conduct and efficiency ratings.
3. The applicant provides:
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Page 3 of his DA Form 20
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 applicants 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 applicants 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 records show he was:
* inducted into the Army of the United States for 2 years on 24 June 1968
* trained as a field artilleryman
* transferred to Vietnam where he served from 7 December 1968 through 15 September 1969
* assigned to Battery C, 1st Battalion, 11th Artillery, 9th Infantry Division
3. The applicant's records also show "excellent" conduct and efficiency ratings and no disciplinary actions or a commander's disqualification.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). It does not show the Army Good Conduct Medal.
5. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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.
6. 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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period January - June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969. It also shows that the unit was awarded
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Army Good Conduct Medal.
2. The applicant's records do not contain any adverse action, court-martial, or a commander's disqualification that would preclude award of the Army Good Conduct Medal. His records demonstrate his entitlement to the Army Good Conduct Medal for his exemplary conduct, efficiency, and fidelity during the period 24 June 1968 to 23 June 1970. Therefore, he should be awarded the Army Good Conduct Medal (1st award) and correction of his records to show this award.
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show these two unit awards.
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:
* awarding him the Army Good Conduct Medal (1st award) for exemplary conduct, efficiency, and fidelity during the period 24 June 1968 to 23 June 1970 and
* adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
_________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) AR20090017459
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ABCMR Record of Proceedings (cont) AR20090017459
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