IN THE CASE OF:	 

		BOARD DATE:	    20 July 2010

		DOCKET NUMBER:  AR20100000232 


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 was never awarded the Army Good Conduct Medal and he met all the requirements.

3.  The applicant provides copies of pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record) and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in pay grade E-1 on 11 October 1965 for 4 years.  He completed training and he was awarded military occupational specialty 12B (Combat Engineer).  He was promoted to pay grade E-5 on 16 February 1968, which is the highest rank he attained during his period of service.

3.  He served in the Republic of Vietnam (RVN) from 30 April 1966 to 22 July 1966 with Company B, 54th Signal Battalion, during two campaigns.  He served in Germany from 11 September 1966 to 11 July 1968.  He again served in the RVN from 2 September 1967 to 14 May 1969 with the 87th Engineer Company, 199th Infantry Brigade, during six campaigns.

4.  He was honorably released from active duty in pay grade E-5 on 15 May 1969 as an overseas returnee and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 3 years, 1 month, and 5 days of net active service with no lost time.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal with Device (1960), the Valorous Unit Award, and the Meritorious Unit "Citation."

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings and there is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Item 41 (Awards and Decorations) of his DA Form 20 also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Army Regulation 600-8-22 (Military Awards) specifies 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 Army Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 also authorizes award of a bronze service star based on qualifying service for each campaign listed in 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, the 87th Engineer Company, was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for service from 1 January 1968-31 December 1968 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for service from 19 June 1968-31 July 1970 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for service from 12 December 1966-31 August 1970, by DAGO Number 51, dated 1971

11.  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.

12.  Army Regulation 635-5 (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 period of active service from 1965 to 1969.  He also attained the pay grade of E-5 and served in the RVN from 30 April 1966 to 22 July 1966 and from 2 September 1967 to 14 May 1969.  Based on the foregoing, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 11 October 1965 to 10 October 1968 and correction to his DD Form 214 to show this award.

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

3.  The evidence of record also shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and this award is not shown on his DD Form 214.  Therefore, he is also entitled to the addition of this award to his DD Form 214.

4.  General orders entitle him to two awards of the RVN Gallantry Cross with Palm Unit Citation.  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 two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  General orders entitle him to 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 October 1965 to 10 October 1968;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with one silver and three bronze service stars, the RVN Gallantry Cross with Palm Unit Citation (2nd Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); 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)                                         AR20100000232



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)