BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090020638


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 he met the requirements for award of the medal.

3.  The applicant provides:

* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A DD Form 215 (Correction to DD Form 214) dated 1 April 2004
* His DA Form 256A (Honorable Discharge Certificate)

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 served in the Regular Army from 30 June 1966 to 4 February 1970.  He served in Vietnam from 20 February 1968 to 3 February 1970 with Headquarters and Headquarters Company (HHC), 199th Infantry Brigade.       His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal        (3 awards), the Vietnam Service Medal, the Aircraft Crewman Badge, and the Air Medal (2 awards).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), in Item 38 (Record of Assignments), shows he consistently received "excellent" conduct and efficiency ratings.

4.  The applicant's service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice.

5.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  

	b.  Award of a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, is authorized to be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  During the applicant's lengthy service in Vietnam, there were 7 campaigns – (1) TET Counteroffensive, 30 January 1968 - 1 April 1968; (2) Vietnam Counter-offensive, Phase IV, 2 April 1968 - 30 June 1968; (3) Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968; (4) Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969; (5) TET 69 Counteroffensive, 23 February 1969 - 8 June 1969; (6) Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and (7) Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970.



6.  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 document shows the applicant's unit, HHC, 199th Infantry Brigade, was cited for award of the Meritorious Unit Commendation for the period 31 January 1968 to 15 July 1969 by Department of the Army General Order Number 39, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Order Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Good Conduct Medal.

2.  The applicant record shows he served honorably, received no court-martial actions and he consistently received "excellent" conduct and efficiency ratings.  Therefore, he should have received the Good Conduct Medal for the period 
30 June 1966 to 29 June 1969. 

3.  The applicant is also entitled to the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver and       2 bronze service stars to be worn with his already-awarded 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 him the Good Conduct Medal for the period 30 June 1966 to 29 June 1969;

	b.  adding to his DD Form 214 the Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver and 2 bronze service stars to be worn with his already-awarded Vietnam Service Medal; and

	c.  providing him a document to show the above changes.



      __________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)                                         AR20090020638



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ABCMR Record of Proceedings (cont)                                         AR20090020638



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