IN THE CASE OF:	  

		BOARD DATE:	  	  12 November 2008

		DOCKET NUMBER:  AR20080014377 


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, the Bronze Star Medal (BSM), the Army Good Conduct Medal (AGCM) and the Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states, in effect, that these awards were over looked and left off of his original separation document (DD Form 214).

3.  The applicant does not provide any additional documents 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 record shows that he reenlisted in the Regular Army and entered active duty on 30 November 1965, after serving 1 year, 4 months and 
29 days of prior active service.  He was trained in and awarded military occupational specialty (MOS) 52B (Power Generator Operator), and sergeant pay grade E-5 (T) was the highest rank he attained while serving on active duty. 

3.  General Orders Number 7945 awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 January 1968 to 31 August 1968.  

4.  The applicant's MPRJ is void of derogatory information or a unit commander’s disqualification statement that would have denied the applicant the first award of the AGCM.  

5.  On 21 November 1968, the applicant was honorably separated after completing a total of 4 years, 4 months and 21 days of active military service.  The DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  The National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Army Commendation Medal.  The Bronze Star Medal, AGCM and the Vietnam Gallantry Cross with Palm Unit Citation are not included in the list of awards.

6.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

7.  A DA Form 1577 (Authorization For Issuance of Awards), dated 9 April1993, verifies the applicant’s entitlement to the Bronze Star Medal, Army Commendation Medal, AGCM, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with “1960” Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

8.  Chapter 4 of Army Regulation 600-8-22 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.  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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  
9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command and announcement in orders are required.  

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the Republic of Vietnam from 8 February 1962 through 28 March 1973. 

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and found to have merit.  His MPRJ contains orders for award of the Bronze Star Medal.  Therefore, it would be appropriate to add the Bronze Star Medal to the list of awards contained on his DD form 214 at this time.  

2.  The applicant's record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 30 November 1965 through 21 November 1968.  

3.  The evidence of record also shows a copy of a DA Form 1577 (Authorization For Issuance of Awards), which verifies that the applicant was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.   Therefore, it would be appropriate to add these awards to the DD Form 214.  


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 the applicant the AGCM; 

   b.  adding to Item 24 of his DD Form 214, issued on 21 November 1968, the already awarded Bronze Service Medal, AGCM, two Overseas Service Bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Automatic Rifle Bar and by providing him a correction to his separation document that includes 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)                                         AR20080014377



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ABCMR Record of Proceedings (cont)                                         AR20080014377



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