IN THE CASE OF:	

		BOARD DATE:	13 April 2011

		DOCKET NUMBER:  AR20100024883


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he received the Good Conduct Medal.

2.  The applicant states, in effect, that his record shows that he should have been awarded the Good Conduct Medal.  He received a DA Form 1577 (Authorization for Issuance of Awards), dated 13 July 1971, but has not received the medal.

3.  The applicant provides copies of his DD Form 214, DA Form 1577, and DA Form 20 (Enlisted Qualification Record).  

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 17 May 1967.  He completed training and was awarded military occupational specialty (MOS) 95B, Military Policeman.

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

     a.  item 31 (Foreign Service) that from 26 April 1968 through 25 April 1969 he was in Vietnam. 

     b.  item 38 (Record of Assignments) he was assigned to the 4th Military Police Company, 4th Infantry Division from 10 May 1968 until 18 April 1969.  All conduct and efficiency ratings are listed as "Excellent".

     c.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Service Bars, and the Soldier's Medal.

4.  His DD Form 214 shows that on 21 April 1969 he was honorably transferred to the U.S. Army Reserve Control Group (Annual Training) as a sergeant/E-5.  He completed 1 year, 11 months, and 5 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Soldier's Medal
* Two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar

5.  There is no evidence 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns: 

* the Vietnam Counteroffensive, Phase IV,  2 Apr 68-30 Jun 68
* the Vietnam Counteroffensive, Phase V,  1 Jul 68-1 Nov 68
* the Vietnam Counteroffensive,  Phase VI,  2 Nov 68-22 Feb 69
* the Tet 69 Counteroffensive,  23 Feb 69-8 Jun 69

8.  Army Regulation 600-8-22 also 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.

9.  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 period of the applicant's assignment in Vietnam the unit he was assigned to was cited for unit awards as follows:

	a.  The Meritorious Unit Commendation for the period 1 May 1968-
30 November 1969, by Department of the Army General Orders (DAGO) Number 3, dated in 1970.

     b.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969, by DAGO Number 3, dated 1970.

     c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO Number 
53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that he distinguished himself in the performance of his military service as evidenced by promotion to sergeant and all "excellent" conduct and efficiency ratings.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

2.  The record reflects he participated in four designated campaigns during his service in Vietnam; therefore, he is authorized four bronze service stars to be worn on the Vietnam Service Medal.  His DD Form 214 should be corrected to show these bronze service stars.

3.  Although his DD Form 214 shows he was awarded the Vietnam Campaign Medal, it is not listed correctly.  It should be listed as the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected.

4.  His unit was authorized the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be added to his DD Form 214.

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 first award of the Army Good Conduct Medal for the period 17 May 1967 through to 21 April 1969, 
   
   b.  deleting all the entries in item 24 of his DD Form 214, and 


   c.  adding to item 24 of his DD Form 214:
   
* Soldier's Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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 Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100024883	



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