RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060010039 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


X
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record and separation document (DD Form 214) be corrected to show his entitlement to the Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle Bar, and all other awards to which he is entitled.  

2.  The applicant states, in effect, that his DD Form 214 does not include his AGCM and Expert Marksmanship Qualification Badge with Rifle Bar.  He states he received the AGCM at the time of his discharge from the military; however, it was not listed on his DD Form 214.  He now requests that his DD Form 214 be corrected by adding the AGCM and Expert Marksmanship Qualification Badge with Rifle Bar he earned.  

3.  The applicant provides the following documents in support of his application:
DD Form 214; Honorable Discharge Certificate; and Office of the Adjutant General United States Army Reserve Components Personnel and Administrative Center (ARPERCEN), St. Louis, Missouri, Letter Orders Number 03-1107578, dated 25 March 1975.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 28 November 1970.  The application submitted in this case is dated 6 July 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he was inducted into the United States Army and entered active duty on 8 April 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 73C (Pay Disbursing Specialist), and the highest rank he attained while serving on active duty was specialist five (SP5).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 1 January 1970 through 31 December 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to United States Army Central Finance and Accounting Office, United States Army Vietnam (USARV), and that he performed duties in MOS 73C as a pay specialist.   Item 38 also shows that he received "Excellent" conduct and efficiency ratings at each of his active duty assignments.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; Republic of Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a disqualification 
from any of his active duty commanders that would have precluded the applicant from receiving the AGCM.

7.  On 28 November 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 21 days of active military service.  The 
DD Form 214 he was issued at the time shows, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal during his active duty tenure. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN.  

9.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to award of the AGCM, disqualification must be justified.


10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (United States Army Central Finance and Accounting Office, USARV) earned the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It also confirms that campaign credit was granted for the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 8 April 1969 through 28 November 1970.

2.  The record also confirms that based on his RVN service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and 3 bronze service stars with his Vietnam Service Medal.  His record also shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would also be appropriate to add these awards to his separation document at this time.

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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 8 April 1969 through 28 November 1970; by showing his entitlement to the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
3 bronze service stars with his Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar; and by providing him a correction to his separation document that includes these changes.




_____X___
          CHAIRPERSON




INDEX

CASE ID
AR20060010039
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1970/11/28
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON
Ch 5 Early Separation
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Chun 
ISSUES         1.
107
2.
110
3.

4.

5.

6.