IN THE CASE OF:	

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090020412 


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 that his conduct was excellent during his military service. 

3.  The applicant provides the following documents:

* A copy of a letter, dated 2 April 2009, from the National Personnel Records Center
* A copy of a DD Form 1343 (Notification of Change in Service Member's Official Records), dated 9 June 2009
* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 July 1967
* A copy of his DD Form 215 (Correction to DD Form 214), dated 9 June 2009
* A copy of page 3 of his 4-page DA Form 20 (Enlisted Qualification Record)

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 records show he enlisted in the Regular Army on 10 July 1964 and held military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  His records also show he served in the Republic of Vietnam from on or about 4 January 1966 to on or about 13 September 1966.  He was assigned to the 1st Battalion, 14th Infantry, 25th Infantry Division.

4.  He was honorably released from active duty on 7 July 1967 in the rank/grade of sergeant (SGT)/E-5 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Combat Infantryman Badge, Vietnam Campaign Medal, one overseas service bar, Air Medal (3rd Oak Leaf Cluster), National Defense Service Medal, and Armed Forces Expeditionary Medal. 

6.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during most of his military service and "unknown" conduct and efficiency ratings while assigned to Fort Dix, NJ, on 26 June 1967.

7.  Army Regulation 672-5-1 (Military 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.  

8.  Review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Headquarters, 25th Infantry Division, Special Orders Number 199, dated 4 September 1966, awarded him the Aircraft Crewman Badge.
10.  Headquarters, 4th Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 131, dated 2 September 1964, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).

11.  Headquarters, 3rd Training Regiment, U.S. Army Training Center, Infantry, Fort Gordon, GA, Special Orders Number 157, dated 27 October 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 1st Battalion, 14th Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1966 to 1 August 1967 based on Department of the Army General Orders 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Good Conduct Medal.

2.  The evidence of record confirms he served honorably from 10 July 1964 through 7 July 1967.  He served in Vietnam, received "excellent" conduct and efficiency ratings throughout most of his military service, attained the rank/grade of SGT/E-5 and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

4.  Special orders awarded him the Aircraft Crewman Badge (now known as the Aviation Badge), Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-1), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 






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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 July 1964 through 7 July 1967; and

	b.  adding to his DD Form 214 the Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Aviation Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).



      _______ _   _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)                                         AR20090020412



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ABCMR Record of Proceedings (cont)                                         AR20090020412



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