IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021069 


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 correction of his record to show award of the Army Good Conduct Medal.

2.  He states he was awarded the Army Good Conduct Medal after basic training at Fort Lewis, WA, during 1967-1968 "for achievement in completing the required course," but it was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) during the discharge process in Vietnam in 1969.

3.  He provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 16 November 1967.  Orders published on 24 April 1968 show he was awarded the Parachutist Badge.

3.  He served in Vietnam from 9 June 1968 to 19 June 1969 with Company A, 2nd Battalion, 501st Infantry Regiment.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 33 (Appointments and Reductions) – he was promoted to specialist four (SP4)/E-4 on 11 November 1968
* item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings 
* item 41 (Awards and Decorations) – no listing of the Army Good Conduct Medal

5.  He was released from active duty on 25 June 1969 in the rank of SP4.  He completed 1 year, 7 months, and 10 days of active military service with no time lost.  His service record does not contain any derogatory information or a record of a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal
* Purple Heart
* Bronze Star Medal

7.  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 2nd Battalion, 501st Infantry Regiment, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 to 15 August 1968 by Headquarters, Department of the Army, General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971
* Presidential Unit Citation for the period 10 to 21 May 1969 by DAGO Number 16, dated 1972

8.  References:

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

	b.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the:

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant met the regulatory requirements for the Army Good Conduct Medal (First Award) for a qualifying period from 16 November 1967 through 25 June 1969.  His service record shows he received "excellent" conduct and efficiency ratings, was promoted to SP4, and has no record of any disciplinary action that would disqualify him from receiving this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) and correction of his DD Form 214 to show this award.

2.  Orders show he was awarded the Parachutist Badge; therefore, this badge should be added to his DD Form 214.

3.  He was assigned to the 2nd Battalion, 501st Infantry Regiment, during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He received credit for participating in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show one silver service star for wear on 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 the evidence presented is 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 the Vietnam Service Medal from item 24 of his DD Form 214 and replacing it with the Vietnam Service Medal with one silver service star;

   b.  awarding him the Army Good Conduct Medal (First Award) for the period 16 November 1967 through 25 June 1969; and

	c.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal (First Award), Parachutist Badge, Republic of Vietnam Gallantry Cross 


with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Presidential Unit Citation.



      ____________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)                                         AR20100021069



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ABCMR Record of Proceedings (cont)                                         AR20100021069



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