BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100023628 


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 and three bronze service stars for his Vietnam Service Medal.

2.  The applicant states the Army Good Conduct Medal was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides 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.  He enlisted in the Regular Army on 29 August 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded the military occupational specialty 31M (Radio Relay and Carrier Operator).

3.  He served in the Republic of Vietnam from 1 March 1967 to 28 February 1968.  During this tour he served with the:

* 53rd Signal Battalion from 4 March 1967 to 9 July 1967
* 9th Signal Battalion from 10 July 1967 to 27 February 1968

4.  Headquarters, 4th Battalion, 62nd Artillery Special Orders Number 94, dated October 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  He served a second tour in the Republic of Vietnam with B Company, 36th Signal Battalion from 30 October 1968 to 21 August 1969.

6.  On 2 May 1969, while assigned to B Company, 36th Signal Battalion, he accepted nonjudicial punishment (NJP) from his company commander, for carelessly discharging a firearm.  He failed to properly clear a .45 pistol causing the weapon to accidentally discharge while being holstered.  His punishment consisted of:

* reduction to private first class/pay grade E-3; suspended for 2 weeks
* forfeiture of $45 per month for one month

7.  On 24 August 1969, he was released from active duty.  He completed 
2 years, 11 months, and 26 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal

8.  His DA Form 20 (Enlisted Qualification Record) shows he received excellent ratings in conduct and efficiency throughout his Army career.  Company B, 36th Signal Battalion gave him ratings of excellent in conduct and efficiency for the period from 2 March to 20 August 1969.  There are no statements from his chain of command disqualifying him for award of the Army Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During his assignment to the 53rd Signal Battalion the unit was awarded the:

* Meritorious Unit Commendation (Army) for the period 1 July 1966 to 
	30 	June 1967
* Meritorious Unit Commendation (Army) for the period 1 July 1967 to 
	30 	June 1968

	b.  During his assignment to A Company, 9th Signal Battalion the unit was awarded the Meritorious Unit Commendation (Army) for the period from 
10 January to 18 December 1967.

	c.  During his assignment to the 9th Signal Battalion the unit was awarded the:

* Meritorious Unit Commendation (Army) for the period from 
	19 	December 1967 to 18 June 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the 	period from 1 December 1966 to 30 June 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	for the period from 19 December 1966 to 28 June 1969

	d.  During his assignment to Company B, 36th Signal Battalion the unit was awarded the Meritorious Unit Commendation (Army) for the period from 1 July 1968 to 31 December 1969.

10.  Table B-1 of Army Regulation 600-8-22 (Military Awards) lists the designated campaigns and their inclusive dates during the Vietnam Conflict. 

	a.  During his first tour in Vietnam he participated in the:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 	1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 	January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)

	

b.  During his second tour in Vietnam he participated in the:

* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 
	1 November 1968) 
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 	22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 	1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  His NJP was for a minor offense, improper clearing his .45 pistol and the accidental discharge of the weapon in his holster.  The minimal punishment of $45 forfeiture and a reduction suspended for only 2 weeks indicates his commander considered it to be a minor offense.  

2.  The same unit that awarded him NJP gave him conduct and efficiency ratings of excellent when he transferred 4 months later.  He had received conduct and efficiency ratings of excellent during his entire period of service, thereby showing he willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  

3.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  

4.  In view of the above, the applicant's NJP is not in conflict with recognizing his service as exemplary.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his service from 29 August 1966 to 24 August 1969.
5.  Based on his service in the Republic of Vietnam and the units he was assigned to he is authorized:

* five Meritorious Unit Commendations (Army)
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  During his two tours of duty in the Republic of Vietnam he participated in a total of seven campaigns.  Therefore, he is authorized one silver service star and two bronze service stars on his Vietnam Service Medal.

7.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

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 the period of service from 
29 August 1966 to 24 August 1969; and

	b.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the:

* Army Good Conduct Medal
* Meritorious Unit Commendation (Army) (five awards)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   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)                                         AR20100023628



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ABCMR Record of Proceedings (cont)                                         AR20100023628



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