IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009654 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, bronze service stars to be worn on his Vietnam Service Medal, and any other awards that are missing from his DD Form 214.

2.  The applicant states he believes he is entitled to the above awards.

3.  The applicant provides a copy of his DD Form 214 in support of this 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 enlisted in the Regular Army on 7 June 1965.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he was promoted to private first class/E-3 on 5 December 1965.  It also shows he served in the Republic of Vietnam from 27 November 1965 to 5 August 1966.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his tour in the Republic of Vietnam, he was assigned to Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

5.  His Official Military Personnel (OMPF) is void of any derogatory information that would have precluded award of the Army Good Conduct Medal.  It is also void of orders or evidence indicating he was awarded or recommended for the Bronze Star Medal.

6.  On 10 March 1967, he was retired by reason of physical disability in the rank of private first class after completing 1 year, 9 months, and 4 days of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* Purple Heart
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device 1960
* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His OMPF contains a DD Form 215 (Correction to DD Form 214), dated       27 February 2006, that corrected his DD Form 214 by adding to item 24 the Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service Bar.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  He will be provided a copy of the DD Form 215.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Republic of Vietnam.  During his tour in the Republic of Vietnam, he participated in three campaigns:  Vietnam Defense Campaign 
(8 March - 24 December 1965), Vietnam Counteroffensive (25 December 1965 - 30 June 1966, and Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the Army Good Conduct Medal and bronze service stars to be worn on his Vietnam Service Medal has been carefully reviewed.

2.  His record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  It is void of any derogatory information or unit commander disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 
7 June 1965 through 10 March 1967 and to add this award to his DD Form 214.

3.  His DD Form 214 shows he was awarded the Vietnam Service Medal; his record confirms he participated in three campaigns while in the Republic of Vietnam.  As a result, his DD Form 214 should also be corrected to show the Vietnam Service Medal with three bronze service stars.

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 for his qualifying period of honorable active duty service from 7 June 1965 through 10 March 1967;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and 

	c.  adding to his DD Form 214 the Army Good Conduct Medal and the Vietnam Service Medal with three bronze service stars.




      ____________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)                                         AR20100009654



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)