IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080008715
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states he believes he was eligible for the AGCM.
3. The applicant does not provide any additional documentation in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted in the Regular Army on 1 April 1969, served in Vietnam from 12 November 1969 to 5 November 1970, and was promoted to pay grade E-5.
3. He was honorably released from active duty on 4 January 1972. The separation document (DD Form 214) he was issued shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal with oak leaf cluster (two awards), and the Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14).
4. The applicants DA Form 20, Enlisted Qualification Record, Item 38, Record of Assignments, shows that the applicants conduct and efficiency were always rated as excellent.
5. Army Regulation 600-8-22 also provides 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than excellent was disqualifying. Although there is no automatic entitlement to the AGCM, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. At that time, nonfavorable consideration was normally noted on the DA Form 20.
6. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).
7. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. There is no indication in the applicants personnel records that he was awarded the AGCM. There also is no evidence the applicant was disqualified by his unit commander for award of the AGCM. Records show the applicants conduct and efficiency were rated as excellent throughout his qualifying service and there is no indication of indiscipline in his service personnel records.
2. As such, it would appear that the applicant was inadvertently not awarded the AGCM and it would now be appropriate to rectify that omission.
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already awarded Vietnam Service Medal.
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 AGCM for the period 1 April 1969 to 4 January 1972; and
b. Adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be worn on his already awarded Vietnam Service Medal to his DD Form 214.
_______ _ 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) AR20080008715
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ABCMR Record of Proceedings (cont) AR20080008715
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