IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100029674 


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 his failure to be awarded the Army Good Conduct Medal was an oversight by awards personnel.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.

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 Army on 29 November 1965.  He completed training as a wireman.

3.  He arrived in Vietnam on 30 November 1967 and was assigned to Headquarters and Headquarters Company, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade.  He participated in the following campaigns:

* Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnamese Counteroffensive Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnamese Counteroffensive Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969

4.  The applicant departed Vietnam en-route to the U.S. on 16 November 1968.  He was released from active duty on 19 November 1968.  The DD Form 214 he received shows he was awarded the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* One Overseas Service Bar

5.  On 2 October 2002, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that shows he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  There are no orders in the applicant's record awarding him the Army Good Conduct Medal.

7.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

8.  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.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

11.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His records show he had "excellent" conduct and efficiency ratings while he was in the Army.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct and his DD Form 214 should be amended to show this award.

2.  His DD Form 214 should also be amended to show he is authorized two Overseas Service Bars and one silver service star to be affixed to his already-awarded Vietnam Service Medal.






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 the period 29 November 1965 to 19 November 1968.

	b.  Amending item 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to add:

* Army Good Conduct Medal
* Two Overseas Service Bars
* one silver service star to be affixed to his already-awarded 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)                                         AR20100029674



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ABCMR Record of Proceedings (cont)                                         AR20100029674



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