IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080009559 


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), and either the Bronze Star Medal (BSM) or the Army Commendation Medal (ARCOM).

2.  The applicant states that when he was nearing the end of his tour in Vietnam, he asked about being awarded the AGCM.  He was told it was the responsibility of the replacement detachment, not his unit of assignment in Vietnam.  He challenged that statement by showing his supervisor the pertinent Army regulation.  Even though his commander made inquiries concerning the award of the AGCM, he was never given that award.  

3.  The applicant adds that his supervisor was so upset that he challenged his opinion concerning the AGCM, the supervisor cancelled his end of tour service award.  The applicant states that he doesn’t know of any Explosive Ordinance Disposal (EOD) specialist who served in Vietnam who didn’t receive a BSM or ARCOM upon leaving Vietnam, even those who only served 6 months.  The applicant states that not only did he serve 4 1/2 months over his Vietnam tour, he was also awarded the Purple Heart (PH) and the Vietnamese EOD Badge.

4.  The applicant provides his separation document (DD Form 214) and his Vietnamese EOD Badge certificate.




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 that he enlisted in the Regular Army on 17 January 1969, was awarded the military occupational specialty of EOD specialist, served in Vietnam from 5 April 1970 to 20 August 1971, and was promoted to pay grade E-5.

3.  The applicant was honorably released from active duty on 21 August 1971 due to early release of an overseas returnee.  His separation document shows that he was awarded the PH, but does not show that he was awarded the AGCM, the BSM, or the ARCOM.

4.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 38, Record of Assignments, shows that the applicant’s conduct and efficiency were rated as excellent throughout his service.

5.   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.  During the applicant’s tenure in Vietnam he participated in the following campaigns:  Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971); and Consolidation I (1 July 1971 to 30 November 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

6.  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.

7.  Army Regulation 600-8-22 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.

8.  USARV Regulation 672-1 provided guidance for end of tour awards, but did not mandate that Soldiers receive an end of tour award.  

9.  MACV Directive 672-1 stated that “It is the policy of this command to recognize with an appropriate award all deserving individuals who distinguished themselves by acts of valor, service, or extraordinary achievement.  This policy is restrictive in that only those personnel who truly distinguish themselves are eligible for the singular recognition of a military award.  Personnel whose service and accomplishments are what which might be reasonably expected for a person of like grade and experience in similar circumstances will not be given an award.”

10.  Army Regulation 600-8-22 provides that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

11.  Army Regulation 600-8-22 provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself by heroism, meritorious achievement, or meritorious service.  







DISCUSSION AND CONCLUSIONS:

1.  Since there is no derogatory information contained in the applicant’s records and his conduct and efficiency were always rated as excellent, it would appear that his failure to be awarded the AGCM was an administrative error or oversight. It would be appropriate to now award him the AGCM.

2.  However, there is no evidence to show that the applicant was recommended for or awarded either the BSM or ARCOM.  While the applicant claims his supervisor cancelled his end of tour award, he has not submitted any evidence to support his contention.

3.  There was no automatic award of any decoration upon completion of a Vietnam tour.  There is also no evidence that the applicant truly distinguished himself.  While the applicant was, in fact, awarded the PH, this decoration is for being wounded, not for meritorious performance of duty.

4.  As such, there is no basis for awarding the applicant the BSM or the ARCOM.

5.  However, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X_____  ___X__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing that he was awarded the AGCM for the period 17 January 1969 to 21 August 1971; and

	b.  amending his DD Form 214 to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the BSM or ARCOM.



      ___________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)                                         AR20080009559



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ABCMR Record of Proceedings (cont)                                         AR20080009559



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