IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080005679 


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 (AGCM).

2.  The applicant states, in effect, that he was not awarded the AGCM due to oversight of his unit. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of his Honorable Discharge Certificate; a copy of his DA Form 137 (Installation Clearance Record); and a copy of his DA Form 20 (Enlisted Qualification Record).

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.  On 10 November 1965, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 72B (Communications Center Specialist).  He attained the grade of sergeant/E-5.  On 9 August 1967, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  The applicant also served in the USAR subsequent to his active duty service.

3.  The applicant served in the Kingdom of Thailand from 10 July 1966 through
8 August 1967 at a major relay communications center providing direct support of operations in Vietnam.  His DD Form 214 shows he received the National Defense Service Medal.  On 30 August 1991, the Army Personnel Command, St. Louis, issued a DA Form 1577 (Authorization of Issuance of Awards) authorizing the applicant the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).  These awards are not shown on his DD Form 214.

4.  The applicant's record shows that he received excellent ratings in conduct and efficiency during his period of active duty service as evidenced by his DA Forms 20 and 137.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

5.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over, during the same period and serving in direct support of operations in Vietnam are also eligible for this award.


7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  To qualify for the award personnel must have served in the Republic of Vietnam for 6 months during the period specified or have served outside of the geographical limits of the Republic of Vietnam and contributed direct combat support to the Republic of Vietnam and Armed Forces for 6 months.  Such individuals must meet the criteria established for the Vietnam Service Medal, during the period of service required to qualify for the Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed a qualifying period of active duty enlisted service from 10 November 1965 through 9 August 1967 with excellent conduct and efficiency ratings and no court-martial convictions, reductions in grade or lost time.  He is therefore entitled to award of the AGCM (First Award).

2.  The applicant is also authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) for is service in the Kingdom of Thailand in direct support of military operations in the Republic of Vietnam.  Therefore, his record should be corrected to show these awards.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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 the AGCM (First Award) for the qualifying period of service from 10 November 1965 through 9 August 1967;
	b.  awarding the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960); and

	c.  showing these awards on his separation document.



      ___        XXX                ___
                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)                                         AR20080005679



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ABCMR Record of Proceedings (cont)                                         AR20080005679



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