BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029613 


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

2.  The applicant states he did not receive the Army Good Conduct Medal.  He  further contends he deserves the award for his faithful service and has never been in trouble. 

3.  The applicant provides no additional 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.  His record shows he was inducted into the Army of the United States on 
20 January 1966.  He completed his advanced training and was awarded military occupational specialty 91B (Medical Specialist).  Highest pay grade held was specialist four (SPC/E-4) temporary.

3.  The records show he served in the Republic of Vietnam from 22 September 1966 to 6 September 1967.  He was assigned to Company D, 4th Medical Battalion, 4th Infantry Division and Company B, 25th Medical Battalion, 25th Infantry Division.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received one "good" efficiency rating during basic combat training.  The remainder, of his conduct and efficiency ratings, was "excellent" throughout his period of service.

5.  Item 41 (Awards and Decorations) shows Special Orders Number 69, U.S. Army Training Center, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  He was honorably released from active duty on 19 January 1968 and transferred to the United States Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued at the time shows he completed 2 years of total active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Medical Badge, and Driver Badge.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, he participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 - 19 January 1968)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his service with:

   a.  Company B, 25th Medical Battalion, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 - 
1 August 1967 by Department of the Army General Orders (DAGO) 3, dated 1970; and

   b.  Company D, 4th Medical Battalion, 4th Infantry Division, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
1 September 1966 - 1 August 1967 by DAGO 48, dated 1971.

10.  Paragraph 6 (Miscellaneous Information) of the same regulation states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Army Good Conduct Medal.

2.  There is no evidence to show he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he was served as a specialist four had no indiscipline or lost time and does not contain any adverse information.  Therefore, the preponderance of the evidence shows he should be awarded the Army Good Conduct Medal (First Award) for the period 20 January 1966 to 19 January 1968 and to have this medal included on his DD Form 214.

3.  Special Orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.  It would be appropriate to add this badge to his DD Form 214.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  His records also show he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  Based on his service in the Republic of Vietnam he is authorized two Republic of Vietnam Gallantry Cross with Palm Unit Citations.

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 awarding him the Army Good Conduct Medal for his period of service from 
20 January 1966 to 19 January 1968 and amending item 24 of his DD Form 214 to add the:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar



      _________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)                                         AR20100029613





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ABCMR Record of Proceedings (cont)                                         AR20100029613



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