RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  06 May 2008
	DOCKET NUMBER:  AR20070018886 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	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 that his records be corrected to reflect his awards of the Army Commendation Medal (ARCOM) with “V” Device and the Bronze Star Medal (BSM) 1st Oak leaf cluster (1OLC). 

2.  The applicant states, in effect, that he earned these awards and they should be reflected on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, a copy of his ARCOM with “V” Device Certificate and orders and a copy of his BSM 1OLC certificates.

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 in Columbus, Ohio on 30 January 1967 and was transferred to Fort Knox, Kentucky to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Polk, Louisiana to undergo his advanced individual training (AIT) as an indirect fire crewman.  

3.  He successfully completed his AIT and was transferred to Vietnam on 6 July 1967 for assignment to Company B, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division for duty as an assistant gunner.  He was advanced to the pay grade of E-3 on 9 July 1967 and to the pay grade of E-4 on 18 October 1967.

4.  The applicant was awarded the ARCOM with “V” Device on 9 January 1968 for heroism in action against the enemy in Vietnam on 3 November 1967.  He was promoted to the rank of sergeant on 31 January 1968.

5.  The applicant was awarded the BSM on 26 June 1968 for meritorious service during the period of June 1967 to June 1968.
6.  The applicant was reassigned to Advisory Team 67, Military Assistance Command – Vietnam (MACV) on 1 October 1968, for duty as a heavy weapons advisor.  

7.  On 5 February 1969, he was awarded the BSM 1OLC for meritorious service during the period of October 1968 to February 1969.

8.  He departed Vietnam on 5 February 1969 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 9 February 1969.  He had served 2 years and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Vietnam Service Medal (VSM), and the Combat Infantryman Badge.

9.  A review of his record shows that he received excellent conduct and efficiency ratings throughout his service and there is no derogatory information contained in his record that would serve to disqualify him for award of the Good Conduct Medal (GCMDL). 

10.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  There is no automatic entitlement to award of the GCMDL.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and is entitled to be awarded one silver service star for wear on his already-awarded VSM.      
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM 1OLC and the ARCOM with “V” Device and thus is entitled to have those awards reflected on his records. 

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his service from 30 January 1967 through 9 February 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.   

3.  The evidence of record also shows that the applicant is entitled to be awarded the VUA, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM. 

4.  Accordingly, it would be in the interest of justice to award him those awards at this time and to add all of his awards to his records. 

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 awarding him the GCMDL for the period of 30 January 1967 to 9 February 1969 and by awarding him the VUA, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM, and adding his awards of the BSM 1OLC and the ARCOM w/”V” Device to his records with his other awards.



2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018886



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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