IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021223 


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 Army Good Conduct Medal.

2.  The applicant states he feels he should have been awarded the Army Good Conduct Medal.  He served in the Republic of Vietnam (RVN) for 27 months and never had a problem.  He was released from active duty (REFRAD) in pay grade E-5.  The Army Good Conduct Medal is awarded after 1 year of service and he completed almost 4 years.

3.  The applicant provides no additional documentation 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 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 military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 21 August 1967 for 3 years.  He completed training and he was awarded military occupational specialty (MOS) 94B (Cook).  He served in Germany from 13 January 1968 through 7 July 1968.  He was honorably discharged on 18 June 1968 for the purpose of immediate reenlistment.  He reenlisted in the RA on 19 June 1968 for 3 years.  He was promoted to sergeant (SGT)/E-5 on 7 November 1969, which is the highest rank he attained during his period of service.

3.  He served in the RVN from 29 August 1968 through 26 October 1970.  He served with Company D, 2nd Battalion, 12th Infantry, from 29 August 1968 through 30 November 1968 and with Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry, from 1 December 1968 through 3 June 1970.  He also served with Headquarters and Headquarters Company, 3rd Brigade, 25th Infantry Division, from 4 June 1970 through 16 August 1970 and with Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division, from 17 August 1970 to 26 October 1970.

4.  Special Orders Number 271, dated 27 September 1968, show he was awarded the Combat Infantryman Badge as a member of Company D, 2nd Battalion, 12th Infantry, serving in MOS 11B (Infantryman).

5.  He was honorably released from active duty in the rank of SGT on 22 June 1971, at the expiration of his term of service.  He was transferred to the U.S Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was credited with completing 3 years and 9 months of total active service with lost time from 23 April through 26 April 1971 due to being absent without leave (AWOL).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 22 June 1971 shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and the RVN Campaign Medal with Device (1960).

7.  His DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the service stars to which he is entitled for his campaign participation.  While in the RVN, he participated in the following seven campaigns:

* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings and no evidence of any disciplinary action during his first 3 years of active service.  There is also no evidence of a commander's disqualification for award of the Army Good Conduct Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides one silver service star will be worn in lieu of five bronze service stars.

11.  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 pamphlet shows the units to which the applicant was assigned was cited for award of the following awards:

* RVN Gallantry Cross with Palm Unit Citation for service from 1 August 1967 - August 1968 by Department of the Army General Orders (DAGO) 48, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for service from 1 September 1968 through 30 September 1970 by DAGO 5, dated 1973
* RVN Civil Action Honor Medal First Class Unit Citation for service from 1 August 1967 - 21 January 1970 by DAGO 51, dated 1971

12.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he had "excellent" conduct and efficiency ratings during his first 3-year period of service.  He also attained the rank/grade of SGT/E-5, served in the RVN from 29 August 1968 through 26 October 1970, earned the Combat Infantryman Badge and Army Commendation Medal, and he extended his initial enlistment by reenlisting.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 21 August 1967 through 20 August 1970 and correction of his DD Form 214 to show this award.

2.  The evidence confirms he was awarded the Combat Infantryman Badge.  This award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this award.

3.  He served in seven campaigns while he served in the RVN.  Therefore, he is entitled to award of one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214to show the addition of the service stars.

4.  General orders entitle him to wear two awards of the RVN Gallantry Cross with Palm Unit Citations.  In accordance with regulatory guidance, not more than one such award will be worn by any individual; however, official military and historical records will indicate all awards received.  Therefore, he is entitled to have his records corrected to show award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations.

5.  General orders entitle him to wear award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from item 24 of his DD Form 214 for the period ending 22 June 1971 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period  21 August 1967 through 20 August 1970; 

	c.  adding to item 24 of his DD Form 214 for the period ending 22 June 1971 the Army Good Conduct Medal (first award), Vietnam Service Medal with one silver service star and two bronze service stars, Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citations (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   d.  providing him a corrected 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)                                         AR20090021223



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ABCMR Record of Proceedings (cont)                                         AR20090021223



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