IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024221 


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.  He states he has been awarded the Vietnam Service Medal with three bronze service stars and the Combat Infantryman Badge as proof of his participation in three campaigns during the year he served in Vietnam.

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from the National Personnel Records Center, dated 18 June 2010.  

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 4 May 1964.  His highest grade attained was specialist four (SP4).

3.  His DA Form 24 (Service Record) shows in:

* Section 2 (Chronological Record of Military Service) he was assigned to the U.S. Military Assistance Command in Vietnam and received "excellent" conduct and efficiency ratings
* Section 5 (Service Outside Continental United States) he served in Vietnam from 20 February 1965 through 9 February 1966
* Section 9 (Medals, Decorations and Citations) does not list the Army Good Conduct Medal

4.  He was honorably released from active duty on 11 February 1966 in the rank of SP4.  He completed 1 year, 9 months, and 8 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.

5.  His DD Form 214 shows award of the Marksman Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, and Combat Infantryman Badge.  

6.  References:

   a.  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 U.S. Military Assistance Command was cited for award of the Meritorious Unit Commendation for the period 8 March 1965 to 31 August 1967 by Department of the Army General Order Number 10, dated 1968.

	b.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

   c.  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.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

   d.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

   e.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

   f.  Army Regulation 600-8-22, 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Advisory Campaign, Vietnam Defense Campaign and Vietnam Counteroffensive campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of evidence which shows he was disqualified from receiving the Army Good Conduct Medal (1st Award) for the period 4 May 1964 through 11 February 1966.  He did not receive any disciplinary action and he was promoted to SP4 during this period of service.  Therefore, he met the requirements for the Army Good Conduct Medal 
(1st Award) for the period 4 May 1964 through 11 February 1966.

2.  He was assigned to a unit that was cited for award of the Meritorious Unit Commendation at the time he was assigned to the unit.  Therefore, this award should be added to his DD Form 214.  

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  He also served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended to show these awards.  

4.  He served a period of honorable service from 4 May 1964 through 11 February 1966.  Therefore, he has served a period of qualifying service for award of the National Defense Service Medal.  

5.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars 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 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 4 May 1964 through 11 February 1966; and

	b.  amending his DD Form 214 by adding the Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  




      _______ _  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)                                         AR20100024221



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ABCMR Record of Proceedings (cont)                                         AR20100024221



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