IN THE CASE OF:	  

		BOARD DATE:	       16 DECEMBER 2008

		DOCKET NUMBER:  AR20080014844 


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 reflect all decorations and awards to which he may be entitled.

2.  The applicant states, in effect, that he believes that he is entitled to decorations and awards that may not be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he served in many units and does not remember if those units received any awards.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States in Syracuse, New York, on 20 January 1970.  He completed his basic training at Fort Dix, New Jersey, and was transferred to Fort Eustis, Virginia, to undergo his advanced individual training (AIT) as a Seaman.

3.  Upon completion of his AIT he was transferred to Fort Story, Virginia, and was advanced to the pay grade of E-4 on 12 November 1970.  He remained there until 3 March 1971 when he was transferred to Cam Rahn Bay, South Vietnam, for assignment to the 97th Transportation Company as a landing craft crewman.

4.  On 10 September 1971, he was transferred to Headquarters and Headquarters Detachment, 10th Transportation Battalion for duty as a landing craft crewman and on 21 October 1971 he was transferred to Security Guard Company for duty as a landing craft crewman.  All of his assignments were in Cam Rahn Bay.

5.  He departed Vietnam on 11 January 1972 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty on 11 January 1972 as an overseas returnee.  He had served 1 year, 11 months, and 15 days of total active service.  His DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal with Device (1960).

6.  A review of the applicant's records fails to reveal any evidence of any disciplinary action being taken against the applicant during his service.  His conduct and efficiency ratings are all rated as excellent and his record is void of any indication that he was disqualified for award of the Army Good Conduct Medal (GCMDL).  The applicant's DD Form 214 reveals a 7-day period of absence without leave (AWOL); however, there is no indication of any disciplinary action taken.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL 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 the 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 GCMDL.

8.  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 Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in three campaigns while assigned to Vietnam and is entitled to be awarded three bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 reveals a 7-day period of absence without leave (AWOL); however, there is no indication of any disciplinary action taken.  AWOL is not an automatic disqualifier for award of the GCMDL.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 20 January 1970 through 11 January 1972.  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 GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

2.  The applicant not receiving the GCMDL 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 whom he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the GCMDL at this time.

3.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNGC with Palm Unit Citation and three bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

___X_____  ___X_____  ___X_____  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 GCMDL for his service from 20 January 1970 through 11 January 1972 while serving in the rank of specialist four and by awarding him the RVNGC with Palm Unit Citation and three 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)                                         AR20080014844



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ABCMR Record of Proceedings (cont)                                         AR20080014844



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