BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110010380 


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 service was without incident and he was awarded the Army Commendation Medal.

3.  The applicant provides no additional evidence in support of his application.

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.  He enlisted in the Regular Army on 31 December 1964 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 82D (Topographic Surveyor).

3.  His DA Form 20 (Enlisted Qualification Record) provides the following information:

* he was promoted to specialist five/pay grade E-5 on 17 February 1967 and he had no reductions in grade during his period of service
* he served with 66th Engineer Company in the Republic of Vietnam from 29 October 1966 to 3 October 1967
* his conduct and efficiency ratings were "excellent" throughout his period of service
* there was no record of lost time

4.  U.S. Army Engineer Command Vietnam (Provisional) General Orders Number 344, dated 9 August 1967, awarded him the Army Commendation Medal for meritorious service from September 1966 to August 1967.

5.  There is no record of nonjudicial punishment or a court-martial conviction in his military personnel records jacket.

6.  His records do not contain orders for award of the Army Good Conduct Medal.

7.  He was released from active duty on 5 October 1967.  He completed
2 years, 9 months, and 5 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

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

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  
	a.  During the period he was assigned to the 66th Engineer Company the unit was awarded the:

* Meritorious Unit Commendation (Army) - September 1966 - May 1967
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 
	Citation -  3 August 1967 - 9 February 1970

	b.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  It stated the Army Good Conduct Medal was awarded, 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.

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

DISCUSSION AND CONCLUSIONS:

1.  His records do not show indiscipline, time lost, or a record of court-martial.  He received "excellent" conduct and efficiency ratings throughout his military service and there is no record of a commander's disqualification.  He was promoted to specialist five and he was awarded the Army Commendation Medal for his service in the Republic of Vietnam.  Therefore, there is sufficient evidence to award him the Army Good Conduct Medal for the period 31 December 1964 to 5 October 1967.

2.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.  


3.  Based on his service with the 66th Engineer Company he is authorized the:

* Meritorious Unit Commendation (Army) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 his period of service from 31 December 1964 to 5 October 1967; and

	b.  amending item 24 of his DD Form 214 with an effective date of 5 October 1967 to add the:

* Army Good Conduct Medal
* Meritorious Unit Commendation (Army) 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110010380



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ABCMR Record of Proceedings (cont)                                         AR20110010380



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