IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028426 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation and the Army Good Conduct Medal.

2.  He states the unit he served with, the 124th Transportation Company,
11th Transportation Battalion (Terminal), was awarded the Meritorious Unit Commendation.  He also states in accordance with Army Regulation 600-8-22 (Military Awards), chapter 4, he is entitled to award of the Army Good Conduct Medal.  He just wants his record to reflect a true account of his military service.

3.  He provides:

* Orders and the Citation for the Meritorious Unit Commendation
* Internet printout of the criteria for award of the Army Good Conduct Medal

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's records show he was inducted into the Army of the United States, in pay grade E-1, on 10 March 1964, for 2 years.  He completed training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).

3.  He served in Vietnam from 10 November 1965 through 23 February 1966 during two campaigns.  He was assigned to the 124th Transportation Company, 11th Transportation Battalion.  

4.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  

5.  He was honorably released from active duty in pay grade E- 4 on 24 February 1966, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 1 year, 11 months, and 15 days of active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Vietnam Service Medal.

7.  He provided a copy of a citation awarding the 11th Transportation Battalion the Meritorious Unit Commendation. 

8.  He also provided Headquarters, U.S. Army Vietnam, General Orders Number 778, dated 20 February 1968, awarding the 124th Transportation Company,
11th Transportation Battalion, the Meritorious Unit Commendation for outstanding service in Vietnam from August 1965 to May 1966.

9.  On 15 October 2010, he was issued a DD Form 215 (Correction to DD Form 214) adding the following awards to Item 24 of his DD Form 214, dated
24 February 1966:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Carbine Bar 

10.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 600-8-22 also authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit in Vietnam the Meritorious Unit Commendation when he was assigned to the unit; therefore, it would be appropriate to add this unit award to his DD Form 214.

2.  The available record contains no derogatory evidence or evidence that indicates the applicant was disqualified by his commander for award of the Army Good Conduct Medal (1st Award).  Therefore, he is entitled to this award for the period 10 March 1964 through 24 February 1966 and it should be added to his DD Form 214.

3.  He participated in two campaigns while serving in Vietnam.  A DD Form 215 was issued listing the Vietnam Service Medal with one bronze service star.  Therefore, he is entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

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 exemplary behavior, efficiency, and fidelity during the period 10 March 1964 through
24 February 1966; and 

   b.  Adding to Item 24 of his DD Form 214 the Army Good Conduct Medal
(1st Award), Meritorious Unit Commendation, and an additional bronze service star to be worn on the 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)                                         AR20100028426



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ABCMR Record of Proceedings (cont)                                         AR20100028426



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