IN THE CASE OF:	  

		BOARD DATE:	  26 August 2008

		DOCKET NUMBER:  AR20080002502 


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, in effect, that awards he earned in the Republic of Vietnam (RVN) be added to his record and separation document (DD form 214).

2.  The applicant states, in effect, that awards he earned in the RVN, which are listed on a National Personnel Records Center (NPRC), dated 18 January 2008, should be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

3.  The applicant provides a NPRC Letter, dated 18 January 2008 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.  The applicant's record shows that he was inducted into the Army and entered active duty on 11 March 1968, and was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  His record also shows he was promoted to staff sergeant (SSG) on 7 August 1969, and that this is the highest rank he attained while serving on active duty.  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 14 January 1969 through 
11 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 4th Battalion, 9th Infantry Regiment, performing duties in MOS 11B as a squad and team leader.  Item 38 also shows that he received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments. 

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  His MPRJ does contain Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 101, dated 22 April 1968, which confirms the applicant qualified "Expert" with M-14 Rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  

5.  On 14 January 1970, the applicant was honorably released from active duty (REFRAD), in the rank of SSG, after completing 1 year, 10 months, and 4 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the following awards:  National Defense Service Medal; Bronze Star Medal; Air Medal; Army Commendation Medal; Vietnam Service Medal (VSM); Vietnam Campaign Medal; and Combat Infantryman Badge.   

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

7.  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 the AGCM, disqualification must be justified.  

8.  Paragraph 9-13 of the awards regulation contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that this award will be issued with a "Device (1960)."

9.  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 (4th Battalion, 9th Infantry Regiment) received the 
RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all the awards to which he is entitled are not included on his DD Form 214 was carefully considered and found to have merit.  

2.  The evidence of record confirms that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, 4 bronze service stars with his VSM and the Device (1960) with his RVN Campaign Medal.  His record also contains orders that awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to add these awards to his record and separation document at this time.  

3.  The applicant's record also 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 unit commander disqualification that would have precluded him from receiving the AGCM.  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 11 March 1968 through 14 January 1970, and to add this award to his record and 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.  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 qualifying honorable active duty service from 11 March 1968 through 14 January 1970; 

	b.  amending Item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar; and 

	c.  providing him a correction to his separation document that includes these changes.




      _______ 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)                                         AR20080002502



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ABCMR Record of Proceedings (cont)                                         AR20080002502


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