IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080011742 


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 his records be corrected to add all decorations and awards to which he is entitled. 

2.  The applicant states, in effect, that all of his decorations and awards are not reflected on his DD Form 214.  He further states that he is in need of medical care and needs his records to show that he was trained for patrol, reconnaissance, and recovery patrol for support villages and that he suffered fragmentation wounds, exposure to Agent Orange, and now suffers from Post-Traumatic Stress Disorder (PTSD).

3.  The applicant provides a two-page handwritten letter and an annual historical supplement for the 4th Admin Company, 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 enlisted with a moral waiver in Chicago, Illinois on 19 April 1966 for a period of 3 years and training in the automotive maintenance career management field.

3.  He completed his training at Fort Polk, Louisiana and was transferred to Germany on 10 September 1966 for assignment to the 48th Transportation Company as a wheel vehicle mechanic.  He was advanced to the pay grade of
E-3 on 27 December 1966.

4.  The applicant volunteered for assignment to Vietnam and departed Germany on 15 July 1967.

5.  He arrived in Vietnam on 2 September 1967 and was assigned to the 4th Admin Company, 4th Infantry Division for duty as a wheel vehicle mechanic.  On 8 April 1968, he was transferred to Company D, 704th Maintenance Battalion for duty as a wheel vehicle mechanic.

6.  He departed Vietnam on 31 August 1968 and was transferred to Fort Bragg, North Carolina.  He was advanced to the pay grade of E-4 on 17 December 1968.

7.  On 18 April 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal.

8.  A review of his records also shows that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information in his records that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  A review of the available records and the Vietnam Casualty Listing fails to show that the applicant was wounded as a result of enemy action, that treatment for such wounds was made a matter of record, or that he was awarded the Purple Heart.


10.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to show that the applicant was awarded any individual awards during his tour in Vietnam.

11.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in four campaigns while assigned to Vietnam and is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.  
      
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records do not reflect all of his decorations and awards has been noted and appears to have merit.  

2.  The applicant was entitled to awards of the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM.  Accordingly, it would be in the interest of justice to award them to him at this time and add them to his records.  

3.  Additionally, after carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 19 April 1966 through 18 April 1969.  This conclusion is based on the fact 
that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time.
 
BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the AGCM for the period of 19 April 1966 through 18 April 1969; and by awarding him the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        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)                                         AR20080011742



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ABCMR Record of Proceedings (cont)                                         AR20080011742



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