IN THE CASE OF:  

		BOARD DATE:	 9 September 2008 

		DOCKET NUMBER:  AR20080011069 


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 he be awarded the Army Good Conduct Medal (AGCM), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Civil Action Honor Medal, and Overseas Service Bars.

2.  The applicant states a service officer discovered the omissions.

3.  The applicant provides extracts of his military records 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 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 30 October 1967, served in Vietnam from 21 April 1968 to 27 April 1970, and was promoted to pay grade E-5.

3.  He was honorably released from active duty on 2 June 1970.  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 (ARCOM), and the Bronze Star Medal with “V” Device (for valor).

4.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 38, Record of Assignments, shows that the applicant’s conduct and efficiency were always rated as excellent.  Item 41, Awards and Decorations, shows the applicant was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Civil Actions Honor Medal with the authority for these unit citations listed as “TBA” (To Be Announced); and the ARCOM with “V” Device with the authority listed as General Orders 1193, dated 7 March 1970.  

5.  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.

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:  Counteroffensive IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Counteroffensive, Phase VI, (2 November 1968 through 22 February 1969); Tet 69 Counteroffensive (23 February 1969 through 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970).  A silver service star is awarded in lieu of five bronze service stars.

7.  Department of the Army Pamphlet 672-3 does not show that the applicant’s unit, Battery H, 29th Artillery, was awarded the Civil Actions Honor Medal First Class Unit Citation.
8.  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.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that entries pertaining to the number of Oversea Service Bars authorized will be entered on the DA Form 2-1 (Personnel Qualification Record-Part II).

DISCUSSION AND CONCLUSIONS:

1.  There is no indication in the applicant’s 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 applicant’s conduct and efficiency were rated as “excellent” throughout his period of 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 one silver and one bronze service star to be worn on his Vietnam Service Medal.

4.  Also noted is that while the applicant’s DD Form 214 shows he was awarded the ARCOM, it does not show the award as an ARCOM with “V” Device.  The applicant is entitled to correction of his records to show that this decoration was for valor.

5.  There is no evidence that the applicant’s unit was awarded the Civil Actions Honor Medal First Class Unit Citation.  

6.  Since Overseas Service Bars are not an award or decoration, they are not entered on a DD Form 214.

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.  Awarding him the AGCM for the period 30 October 1967 to 2 June 1970; 

   b.  Adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver and one bronze service star to be worn on his Vietnam Service Medal to his DD Form 214; and

   c.  Correcting the ARCOM shown on his DD Form 214 to ARCOM with “V” Device.

2.  The Board determined that there was insufficient documentation in which to show the individual concerned is entitled to the Civil Actions Honor Medal First Class Unit Citation or to add Overseas Service Bars 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)                                         AR20080011069



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ABCMR Record of Proceedings (cont)                                         AR20080011069


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