IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090018033 


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 should have received the Army Good Conduct Medal but it was never awarded to him.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 August 1968 and an extract of Army Regulation 600-8-22 (Military Awards), chapter 4 from the internet.

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 4 October 1966.
 
3.  The applicant was assigned to the 46th Engineer Battalion in the Republic of Vietnam from 11 August 1967 to 1 August 1968.  He was promoted to specialist five (SP5)/pay grade E-5 on 24 May 1968.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 3 August 1968, the applicant was released from active duty.  He had completed 1 year and 10 months 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 shows he is authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Meritorious Unit Citation, and Army Commendation Medal.  It does not show he was awarded the Army Good Conduct 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.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  Based on the applicant's dates of service in the Republic of Vietnam, Table
B-1 of Army Regulation 600-8-22 shows he participated in the following campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V (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.  This document shows that during the applicant's assignment to the 46th Engineer Battalion it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 - 9 February 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1970.


9.  Department of the Army Pamphlet 672-3 also states 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 DAGO Number 8, dated 1974.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It stated 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 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.  The applicant contends he should have been awarded the Army Good Conduct Medal.

2.  The applicant's records do not show indiscipline or lost time, he received "excellent" conduct and efficiency ratings throughout his military service, there is no record of a commander's disqualification, and he was promoted to SP5 in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 4 October 1966 to 3 August 1968, ending with termination of a period of active Federal service.

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

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this award should be included on his DD Form 214.

5.  Based on his service with the 46th Engineer Battalion in the Republic of Vietnam, the applicant is 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 and correction of his records to show these 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:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal,
   
   b.  awarding him the Army Good Conduct Medal (first award) for the period of service from 4 October 1966 to 3 August 1968, and
   
   c.  adding to item 24 of his DD Form 214 the following awards

* Army Good Conduct Medal (first award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20090018033



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ABCMR Record of Proceedings (cont)                                         AR20090018033



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