BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110002682 


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 served in the U.S. Army with distinction from 29 April 1968 through 28 April 1970.  He served in Vietnam and was awarded the Bronze Star Medal.  He adds that his conduct was characterized as "excellent," there is no disqualifying information in his records, and he qualified for award of the Army Good Conduct Medal.

3.  The applicant provides:

* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* Bronze Star Medal orders and citation
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* U.S. Army Reserve Components Personnel and Administration Center letter orders
* Army Good Conduct Medal regulatory criteria

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 was inducted into the Army of the United States for a period of 24 months on 29 April 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 23 September 1968 through 11 September 1969;

	b.  item 38 (Record of Assignments):

		(1)  he was assigned to the 23rd Adjutant General Administration Company Replacement Detachment from 26 September through 5 October 1968;

		(2)  he was assigned to Company C, 5th Battalion, 46th Infantry, 198th Infantry Brigade, from 6 October 1968 through 10 September 1969; and

		(3)  he received "excellent" conduct and efficiency ratings throughout his military service with the exception of one efficiency rating of "good" while he was in basic combat training;

	c.  item 41 (Awards and Decorations) no entry for the Army Good Conduct Medal.

4.  Headquarters, Americal Division, General Orders Number 7508, dated 8 August 1969, awarded the applicant the Bronze Star Medal for meritorious service in Vietnam from September 1968 to September 1969.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

6.  He completed 2 years of net active service this period, including 11 months and 19 days of foreign service in Vietnam.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Bronze Star Medal
* Purple Heart
* Republic of Vietnam Campaign Medal

8.  A review of the applicant's military personnel records reveals he is authorized additional awards that are not shown on his DD Form 214.

9.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  Special orders issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, awarded the applicant the following:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 166, dated 14 June 1968
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) by Special Orders Number 192, dated 29 July 1968
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) by Special Orders Number 200, dated 7 August 1968

11.  The applicant's DA Form 20 shows he was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that he participated in the following campaigns during his service in Vietnam:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Company C, 5th Battalion, 46th Infantry, 198th Infantry Brigade, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972, as amended by Department of the Army General Orders Number 11, dated 1973.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  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.

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 29 April 1968 to 28 April 1970.

	a.  He received "excellent" conduct and efficiency ratings during his service, with the exception of one efficiency rating of "good" while he was in basic combat training, which is not disqualifying;

	b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.

	c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal and correct his records to show the award based on the available evidence.

2.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these four service stars.

3.  General orders awarded the applicant's battalion the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the period 29 April 1968 through 28 April 1970,

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)



      __________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)                                         AR20110002682



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ABCMR Record of Proceedings (cont)                                         AR20110002682



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