IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028073 


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.  The applicant states he was verbally awarded the Army Good Conduct Medal in morning formation on 2 March 1967.  He was separated from the Army and he didn't receive a copy of the orders.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 March 1967.

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 was inducted into the Army of the United States on 3 March 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 52F (Electrician).

3.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

* he was promoted to specialist four/pay grade E-4 on 19 April 1966 and he had no reductions in grade during his service
* he served with the 556th Engineer Detachment in the Republic of Vietnam from 29 October 1965 to 2 September 1966
* his conduct and efficiency ratings were "excellent" throughout his period of  service
* there was no record of lost time

4.  There is no record of nonjudicial punishment or court-martial conviction in his military personnel records jacket.

5.  His records do not contain orders for award of the Army Good Conduct Medal.

6.  On 2 March 1967, he was honorably released after he completed 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)

8.  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.  This pamphlet shows all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It 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 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.

10.  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.  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.  The applicant's records do not show indiscipline, lost time, or a record of courts-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 3 March 1965 to 2 March 1967 ending with the termination of a period of active Federal service.

2.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.  

3.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.









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 his period of service from 3 March 1965 to 2 March 1967 and

	b.  amending item 24 of his DD Form 214 with an effective date of 2 March 1967 to add the:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   _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)                                         AR20100028073



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ABCMR Record of Proceedings (cont)                                         AR20100028073



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