IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022979 


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 served 2 good years including a year in Vietnam.  He had no disciplinary problems.

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and a letter from the National Personnel Records Center listing his awards.

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 8 December 1965.  He completed training as a crane shovel operator and he was reassigned to Vietnam.  

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

	a.  He was advanced to specialist four (SP4)/E-4 on 28 September 1966.

   b.  He arrived in Vietnam on 2 September 1966 and he was assigned to the 854th Transportation Company from 27 October 1966 to 7 September 1967.

	c.  He received "excellent" conduct and efficiency ratings throughout his service.

	d.  His awards and decorations as the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

4.  He was honorably released from active duty on 11 September 1967 as an overseas returnee.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the same awards and decorations as listed on his DA Form 20.

5.  There is no indication of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  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 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.  There must have been no convictions by a court-martial.


7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

8.  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 that during the applicant's assigned to the 854th Transportation Company, his unit was cited for award of the Meritorious Unit Commendation for the period 1 April - 30 September 1967 by Department of the Army General Orders (DAGO) Number 43, dated 1970.

9.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

11.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's conduct and efficiency ratings were exclusively "excellent," his combat zone service noteworthy, and his behavior was without discreditable 


incident.  There is no evidence of any action taken to disqualify him from receiving the first award of the Army Good Conduct Medal.  It is reasonable to presume that failure to award the applicant the Army Good Conduct Medal was a mere administrative oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 8 December 1965 through
11 September 1967 and his DD Form 214 should be corrected to show this award.

2.  The applicant is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the bronze service stars.

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam during this period.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant's DD Form 214 currently reflects one overseas service bar.  However, he served a qualifying period of service in Vietnam for two overseas service bars.  Therefore, he is entitled to two overseas service bars and correction of his DD Form 214 accordingly.


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 the Vietnam Service Medal and one overseas service bar;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 December 1965 through 11 September 1967; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* two overseas service bars



      ___________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)                                         AR20100022979



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ABCMR Record of Proceedings (cont)                                         AR20100022979



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