IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011  

		DOCKET NUMBER:  AR20100026646 


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.  He also requests, in effect, recognition for the Vietnam campaigns he participated in.

2.  The applicant states:

* He was to receive the Army Good Conduct Medal from Headquarters and Company A, 709th Maintenance Battalion, 9th Infantry for his year of service with them during the Vietnam War
* He participated in the Akron, Coronado, Emporia, and Great Bend campaigns in Vietnam from June 1967 through March 1968
* The 9th Infantry Division was heavily involved in the Tet offensive during February and March 1968
* It was a hectic time in the jungle and delta
* They were told their campaigns and the Army Good Conduct Medal would show up on their DD Form 214 (Report of Transfer or Discharge)  

3.  The applicant provides no documentary evidence.

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 enlisted in the Regular Army on 12 October 1966 for a period of 3 years.  He arrived in Vietnam on 12 May 1967.  He served as a signal supply and parts specialist and an equipment storage specialist assigned to:

* Headquarters and Company A, 709th Maintenance Battalion, 9th Infantry Division from 19 May 1967 through 19 May 1968
* 110th Transportation Company from 20 May 1968 to 5 November 1968

3.  On 14 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control (USAR) Group (Reinforcement) to complete his remaining service obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

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

4.  There are no orders for the Army Good Conduct Medal in the available records.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received a "good" conduct and efficiency rating for the period 16 July 1967 through 19 May 1968 while assigned to Headquarters and Company A, 709th Maintenance Battalion, 9th Infantry Division.

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.  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), 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.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

8.  Army Regulation 600-8-22 does not show the Akron, Coronado, Emporia, and Great Bend as authorized Vietnam campaigns.  However, search of the internet revealed these were among the list of known military operations of the Vietnam War conducted by the armed forces of the Republic of Vietnam, the United States, and their allies.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 709th Maintenance Battalion, at the time of his assignment was cited for award the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
19 December 1966 through 28 June 1969 by Department of the Army General Orders (DAGO) Number 59, dated 1969

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit,
110th Transportation Company, at the time of his assignment was also cited for award of the:

* Meritorious Unit Commendation for the period 10 March through
31 October 1968 by DAGO Number 39, dated 1970
* Meritorious Unit Commendation for the period 1 November 1968
through 31 January 1970 by DAGO Number 51, dated 1971


11.  Department of the Army Pamphlet 672-3, paragraph 6d states that 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. Army Vietnam, and its subordinate units, during the period
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Good Conduct Medal in the available records.  Evidence shows he had a "good" conduct and efficiency rating during the period 16 July 1967 through 19 May 1968 while assigned to Headquarters and Company A, 709th Maintenance Battalion, 9th Infantry Division, which is a disqualifying factor for award of the Army Good Conduct Medal.  As such, the applicant did not meet the eligibility criteria for the first award of the Good Conduct Medal.  Therefore, there is no basis for granting this portion of the applicant's request.

2.  "Akron, Coronado, Emporia, and Great Bend" were military operations of the Vietnam War.  However, there is no provision for adding these operations to his DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  However, he participated in six campaigns during his service in Vietnam which entitles him to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected accordingly.

4.  While assigned to his units in Vietnam, they were cited for:

* award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two awards of the Meritorious Unit Commendation

Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  DAGO Number 8, dated 1974, authorized all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of assignment in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit citation.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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

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

* Vietnam Service Medal with one silver service star and one bronze service star
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Good Conduct Medal and the addition of Operations "Akron, Coronado, Emporia, and Great Bend" to his DD Form 214.



      ___________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)                                         AR20100026646



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ABCMR Record of Proceedings (cont)                                         AR20100026646



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