BOARD DATE:	  22 March 2012

		DOCKET NUMBER:  AR20110017473 


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 a request was made for his Army Good Conduct Medal while he was in the Republic of Vietnam; however, he never received the award.

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 was inducted into the Army of the United States on 19 March 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty 63H (Automotive Maintenance Helper).

3.  He was assigned to Company B, 701st Maintenance Battalion, in the Republic of Vietnam from 25 June 1965 to 13 March 1966.

4.  His DA Form 24 (Service Record) shows:

* he did not have any indiscipline or lost time
* he was promoted to specialist four/pay grade E-4 on 15 August 1965
* he received "excellent" ratings in conduct and efficiency throughout his period of service
* he was eligible for reenlistment and assigned a reentry eligibility (RE) code of 1

5.  On 16 March 1966, he was released from active duty.  He completed 1 year, 11 months, and 28 days of active duty that was characterized as honorable.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  There are no orders in his military service records awarding him the Army Good Conduct Medal.

8.  Department of the Army General Order Number 17, dated 23 April 1968, awarded the 701st Maintenance Battalion the Meritorious Unit Commendation (Army) for the period from October 1965 to July 1966.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to Company B, 701st Maintenance Battalion, the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation – 12 July 1965-16 October 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation – 12 July 1965-7 April 1970

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows participation credit was awarded for the following campaigns:

* Vietnam Defense Campaign (8 March 1965-24 December 1965)
* Vietnam Counteroffensive (25 December 1965-30 June 1966)

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard.  Table 3-1 (U.S. Army RE Codes) states an RE code 1 applies to persons completing their terms of active service who are considered qualified to reenter the U.S. Army.

12.  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 the 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.  According to his DA Form 24:

* he did not have any indiscipline or lost time
* he was promoted to specialist four
* he received "excellent" ratings in conduct and efficiency throughout his military service
* he was eligible for reenlistment

2.  Therefore, there is sufficient evidence to indicate he was eligible for the first award of the Army Good Conduct Medal based on completion of qualifying service from 19 March 1964 to 16 March 1966 ending with termination of a period of Federal military service.

3.  Based on his service with Company B, 701st Maintenance Battalion, in the Republic of Vietnam he is authorized the:

* two bronze service stars to be worn on his Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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 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 19 March 1964 to 16 March 1966 and

	b.  amending his DD Form 214 by:

		(1)  deleting the Vietnam Service Medal

		(2) adding the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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)                                         AR20110017473



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ABCMR Record of Proceedings (cont)                                         AR20110017473



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