IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011 

		DOCKET NUMBER:  AR20110001221 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he did not serve the full 3 years for the Army Good Conduct Medal because of the wounds he received in action in the Republic of Vietnam (RVN).  However, he did serve for a period of 2 years, 7 months, and
8 days and he met the remaining criteria for the award.

3.  The applicant provides:

* A copy of Executive Order 10444 (Establishing the Good Conduct Medal)
* General Orders Number 171, dated 12 November 1967, awarding him the Purple Heart
* General Orders Number 1614, dated 14 December 1967, and citation awarding him the Army Commendation
* A DD Form 173 (Joint Messageform), dated 1 May 1968
* His medical board proceedings

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.  On 30 September 1965, the applicant enlisted in the Regular Army.  He completed his training and he was awarded military occupational specialty 12B (Combat Engineer).

3.  On 1 December 1966, the applicant departed Fort Belvoir, VA for duty in the RVN.

	a.  On 13 January 1967, he was as a pioneer with Company C, 39th Engineer Battalion.

	b.  On 7 September 1967, he assumed duties as a combat demolition specialist.

	c.  On 8 November 1967, he was wounded in action.

	d.  On 12 November 1967, he was medically evacuated from the RVN to Japan.

4.  General Orders Number 171, issued by the 85th Evacuation Hospital, RVN, dated 12 November 1967, awarded the applicant the Purple Heart for wounds received in action in the RVN on 8 November 1967.

5.  General Orders Number 1614, issued by Headquarters, Americal Division, dated 14 December 1967, awarded the applicant the Army Commendation Medal for exceptionally meritorious service in support of allied counterinsurgency operations in the RVN during the period January to December 1967.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service, with the exception of "unknown" ratings during his periods of hospitalization.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

7.  On 8 May 1968, the applicant was retired due to permanent physical disability.  He completed 2 years, 7 months, and 9 days of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* overseas service bar
* Purple Heart
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 39th Engineer Battalion, during the time of the applicant's assignment, was cited for award of the Meritorious Unit Commendation for the period 1 January 1966 through 
20 January 1968 by Department of the Army General Orders (DAGO) Number 39, dated 1970.


12.  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.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Good Conduct Medal.

2.  The applicant’s record clearly shows he distinguished himself in the performance of his military service as evidenced by his award of the Army Commendation Medal and achieving all "excellent" conduct and efficiency ratings throughout his service.  It is presumed that his not receiving the Army Good Conduct Medal at his retirement was an administrative oversight.  Therefore, he should be awarded the 1st award of the Army Good Conduct Medal and his
DD Form 214 should be corrected to show this award.

3.  The applicant’s unit was cited for award of the Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  All units in the RVN were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
30 September 1965 through 8 May 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two 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)                                         AR20110001221



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ABCMR Record of Proceedings (cont)                                         AR20110001221



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