IN THE CASE OF:	

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018069 


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 Good Conduct Medal.

2.  The applicant states his records do not show authorization for the Good Conduct Medal.  He served for over two years with no punishments.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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.  On 14 August 1967, the applicant enlisted in the Regular Army, completed training, and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman). 
3.  United States Army Training Center Infantry, Fort Lewis Special Orders Number 255, dated 21 September 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualification with the M-1 Rifle.

4.  United States Army Transportation School, Fort Eustis Special Orders Number 20, date 29 January 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualification with the M-16 Rifle.

5.  Headquarters, Americal Division General Orders Number 9395, dated 15 September 1969, awarded the applicant the Army Commendation Medal.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to specialist five, E-5, with no reductions;

	b.  service in Vietnam from 2 March 1968 through 5 October 1969;

	c.  assignment to the 335th Transportation Company, Vietnam;

	d.  participation in six campaigns;

	e.  his conduct and efficiency ratings are recorded as exclusively "excellent"; 

	f.  his awards are shown as the National Defense Service Medal, Vietnam Service Medal, Aircraft Crewmember Badge, Republic of Vietnam Campaign Medal with Device 1960, nd Army Commendation Medal; and 

	g.  the entry for the Army Commendation Medal is lined through, which normally indicates an improper entry.  

7.  The applicant's DD Form 214 provides the following:

	a.  honorable separation as a specialist five (E-5) on 13 August 1970;

	b.  three years of creditable service with no lost time;

	c.  1 year, 7 months, and 4 days of service in Vietnam; and

	d.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and the Aircraft Crewmember Badge.

8.  The applicant's record contains no derogatory entries or a notation that the applicant was considered not eligible for award of the Good Conduct Medal. 

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, contains a copy of the orders awarding the applicant the Army Commendation Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 335th Transportation Company it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

11.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the 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 active Federal military service.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which service stars are authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following six campaign periods:  the Tet Counteroffensive, 30 January 1968 – 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; and the Vietnam Summer – Fall 1969, 9 June 1969 – 31 October 1969. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant states his records do not show authorization for the Good Conduct Medal.

2.  The applicant's record contains orders awarding him the Army Commendation Medal; however, on the DA Form 20 it is lined through, which normally indicates an improper entry.  However, there is no indication that the orders awarding this medal were revoked either totally or for this specific Soldier.  Therefore, the lining out of the entry on the DA Form 20 should be considered an error and disregarded. 

3.  The applicant served on active duty exactly 3 years of which 1 year, 
7 months, and 4 days were served in Vietnam.  He distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his personal decoration, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 14 August 1967 through 13 August 1970.

4.  The applicant served in Vietnam during six campaign periods and he is authorized to wear one silver service star and one bronze service star on his Vietnam Service Medal.

5.  In addition to the awards listed on the DD Form 214 and the DA Form 20, the applicant is also authorized award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

6.  The award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualification with the M-14 and the Marksman Marksmanship Qualification Badge with Rifle Bar for qualification with the M-16 were omitted from his DD Form 214. 

7.  Based on the above facts and findings it is appropriate to correct the applicant's DD Form 214 to show that, in addition to the awards currently shown, the applicant's authorized awards also include:  the Army Commendation Medal, Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and one silver and one bronze service star for wear on his Vietnam Service Medal.

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 the applicant the Good Conduct Medal for the period 14 August 1967 through 13 August 1970; and 

	b.  correcting the applicant's DD Form 214 to show he is also authorized the Army Commendation Medal, Good Conduct Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and one silver and one bronze service star to be worn on his 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)                                         AR20090018069



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ABCMR Record of Proceedings (cont)                                         AR20090018069



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