IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020215 


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.  He also requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show the Army Commendation Medal with First Oak Leaf Cluster with "V" Device instead of the Army Commendation Medal with First Oak Leaf Cluster. 

2.  The applicant states citations/award certificates show he received these awards in 1968.

3.  The applicant provides:

* Award certificate for the Army Commendation Medal with "V" Device
* Award certificate for the Army Commendation Medal with First Oak Leaf Cluster with "V" Device
* DD Form 214	

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 was inducted into the Army of the United States on 7 August 1967.  He arrived in Vietnam on 8 January 1968.  He served as a light weapons infantryman assigned to Company D, 2nd Battalion of the 28th Infantry in Vietnam from 28 January 1968 through 4 January 1969.  On 6 August 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, "Army Commendation Medal (1st Oak Leaf Cluster)," "Bronze Star (1st Oak Leaf Cluster)" (correctly known as the Bronze Star Medal with First Oak Leaf Cluster), one award of the Overseas Service Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

4.  Orders, dated 4 June 1968, show the applicant received the Army Commendation Medal with "V" Device for heroism on 7 February 1968 in Vietnam.

5.  Orders, dated 25 September 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 2 August 1968 in Vietnam.

6.  Orders, dated 1 November 1968, show the applicant received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service during the period January 1968 to January 1969 in Vietnam.

7.  Orders, dated 28 November 1968, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster with "V" Device for heroism on 8 September 1968 in Vietnam. 

8.  Records show the applicant participated in five campaigns during his assignment in Vietnam. 

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.


10.  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 publication shows the 2nd Battalion, 28th Infantry at the time of the applicant's assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.  

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of 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 service medal, including the Vietnam Service Medal.  A silver service star will be worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated in the temporary rank of sergeant with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
7 August 1967 through 6 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

2.  The applicant's DD Form 214 shows the Army Commendation Medal with First Oak Leaf Cluster.  However, orders show he received the Army Commendation Medal with First Oak Leaf Cluster with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.  





3.  The applicant's DD Form 214 shows the Bronze Star Medal with First Oak Leaf Cluster.  However, orders show he received one award of the Bronze Star Medal for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with First Oak Leaf Cluster with "V" Device.

4.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to add a silver service star to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be amended to show this unit citation.

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 him the first award of the Good Conduct Medal for the period 
7 August 1967 thorough 6 August 1969;  

	b.  deleting the entries "Army Commendation Medal (1st Oak Leaf Cluster)" and "Bronze Star (1st Oak Leaf Cluster)" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and   






	c.  adding the Good Conduct Medal, Army Commendation Medal with First Oak Leaf Cluster with "V" Device, Bronze Star Medal with First Oak Leaf Cluster with "V' Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal in item 24 on his DD Form 214.  



      _______ _   _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)                                         AR20090020215





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ABCMR Record of Proceedings (cont)                                         AR20090020215



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