IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090019839
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal (GCM).
2. The applicant states he is entitled to award of the GCM because he had no problems while he was in the military and received an honorable discharge.
3. The applicant submitted no additional documents 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 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 record shows he was inducted into the Army of the United States on 8 August 1967.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 November 1968 through 27 July 1969. During his RVN tour he was assigned to the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade.
4. His DA Form 20 shows his conduct and efficiency ratings were excellent throughout his period of service.
5. On 29 July 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 22 days of creditable active service during his tenure of service. His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with 1960 Device, Bronze Star Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one Overseas Service Bar.
6. Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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. The enlisted person must have had all excellent conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying.
7. A review of the applicants record indicates entitlement to additional awards and decorations which are not shown on his DD Form 214.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969),Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969), and the Vietnam Summer-Fall 1969 (9 June -31 October 1969) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm from 20 July 1965 to 28 March 1973 by Department of the Army General Orders Number 8, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served from 8 August 1967 through 29 July 1969 and there is no derogatory information in the available record that would have disqualified him for award of the GCM (1st award). Therefore, it would be appropriate to award the applicant the first award of the GCM based on completion of a qualifying period of service.
2. General Orders Number 8, dated 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade. Therefore, he is entitled to correction of his record to show this award.
3. Evidence of record shows he was awarded the Vietnam Service Medal. The applicant also participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars.
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 be corrected by:
a. awarding the applicant the first award of the GCM for the period 8 August 1967 to 29 July 1969;
b. deleting from his DD Form 214 dated 29 July 1969 the "Vietnam Service Medal"; and
c. adding to his DD Form 214 the GCM, the Vietnam Service Medal with three bronze service stars, and the RVN Gallantry Cross with Palm 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) AR20090019839
2
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