IN THE CASE OF:	  

		BOARD DATE:	  26 August 2008

		DOCKET NUMBER:  AR20080007843 


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 Item 24 ((Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show the Army Good Conduct Medal (AGCM), and all other unit awards to which he may be entitled.

2.  The applicant states, in effect, that his military record was not available to indicate the awards he earned at the time of his separation from the Army.

3.  The applicant provides a copy of his DD Form 214 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 military records show he enlisted in the Regular Army and entered active duty on 18 August 1965.  He was trained in, awarded, and served in military occupational specialty (MOS) 73A (Finance Clerk).

3.  The applicant’s DA Form 20 confirms he served in the Republic of Vietnam (RVN) from 16 September 1966 to 19 July 1968.  Item 38 (Record of Assignments) includes two entries that show during his RVN tour, he served with the 11th Armored Calvary Regiment from 20 September 1966 through
4 January 1968, and with the 25th Administration Company, 25th Infantry Division from 5 January through 23 July 1968.  It also shows that he received “Excellent” conduct and efficiency ratings at each 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 the applicant from receiving the AGCM.  

5.  On 25 July 1968, the applicant was honorably separated after completing a total of 2 years, 9 months, and 8 days of creditable 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 (2nd Award); Vietnam Service Medal; RVN Campaign Medal; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 2 Overseas Service Bars.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used in lieu of five bronze service stars to denote participation in five campaigns.  

7.  Table B-1 of the awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, the applicant was credited with participating in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

8.  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.  The regulation in effect at the time of the applicant's separation stipulated that in order to qualify for the AGCM, a member must have had "Excellent" conduct and efficiency ratings at all active duty assignments.
9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during the applicant’s tenure of assignment in the RVN, his unit (25th Administration Company, 25th Infantry Division) earned the Meritorious Unit Commendation (MUC), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 24 of his separation document should be corrected to show the AGCM and all unit awards to which he is entitled has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant received no less than "Excellent" conduct and efficiency ratings at all of his active duty assignments, and his MPRJ 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 him the first award of the AGCM for his qualifying period of honorable active duty service from 18 October 1965 through 25 July 1968, and to add this award to his record and separation document at this time.

3.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star with his VSM.  Therefore, it would also be appropriate to add these awards 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 awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 18 October 1965 through 25 July 1968; by amending Item 24 of his DD Form 214 by adding the Army Good Conduct Medal; Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star with his Vietnam Service Medal; and by providing him a correction to his separation document that reflects 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)                                         AR20080007843



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ABCMR Record of Proceedings (cont)                                         AR20080007843



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