IN THE CASE OF:	

		BOARD DATE:	28 July 2009    

		DOCKET NUMBER:  AR20090003435 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Army Good Conduct Medal (AGCM), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and his Letter of Commendation from the Noncommissioned Officer (NCO) Leadership Course.

2.  The applicant states that he was authorized issuance of the above-mentioned awards and desires them to be added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of a DA Form 1577 (Authorization for Issuance of Awards), and a copy of his Letter of Commendation.

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 in the Regular Army (RA) in Kansas City, Missouri on 16 September 1968, for a period of 2 years.  He completed his basic combat training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Lewis, Washington before being transferred to Vietnam on 13 February 1969, for assignment to Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division. 

3.  He was promoted to the pay grade of E-5 on 20 January 1970.  His DA Form 137 (Installation Clearance Record) indicates that his commander deemed his conduct and efficiency ratings as excellent and recommendation for award of the AGCM.

4.  He departed Vietnam on 21 April 1970 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 22 April 1970 as an overseas returnee.  He had served 1 year, 7 months, and 7 days of total active service.  His DD Form 214 issued at the time of his REFRAD indicates in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, Combat Infantryman Badge, Army Commendation Medal, Bronze Star Medal with "V" Device and 3rd Oak Leaf Cluster, Air Medal, and Purple Heart.

5.  A review of the applicant's records show that he had "excellent" conduct and efficiency ratings throughout his entire service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.  However, there is no indication that he was awarded the AGCM.  His records also show that he was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  On 16 July 1987, the Army Reserve Personnel Center in St. Louis, Missouri issued a DA Form 1577 in which medal sets were authorized to be issued to the applicant for awards which included the AGCM, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He was also advised that he was entitled to awards of the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  However, those awards were never added to his DD Form 214.

7.  On 27 February 2002, the National Personnel Records Center in St Louis issued a DA Form 1577 in which medal sets were authorized to be issued to the applicant for awards which included the AGCM, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only those awards and decorations authorized for entry on the DA Form 20 (Enlisted Qualification Record) are authorized for entry on the DD Form 214. Letters of Commendation were only authorized for filing in the official records, not for entry on the DA Form 20.

9.  Army Regulation 672-5-1 (Awards), 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.

10.  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 RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he was assigned to the unit.  Additionally, while assigned to Vietnam, he participated in the Vietnam Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 through 8 June 1969); Vietnam Summer through Fall 1969 (9 June 1969 through 31 October 1969); and Vietnam Winter – Spring 1970 (1 November 1969 through 30 April 1970) campaigns which entitles him to four bronze service stars for wear on his already-awarded VSM.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his awards of the RVNGC w/Palm Unit Citation, RVNCAHM-FC Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade Bars, and the Sharpshooter Marksmanship 
Qualification Badge with Rifle Bar should be added to his DD Form 214 has been noted and found to have merit.  The applicant is authorized those awards and it would be appropriate to add them to his records at this time.

2.  Although there are no orders awarding him the AGCM, after carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 16 September 1968 through 22 April 1970.  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.

3.  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, since he had already been issued the award of the AGCM set, it would be in the interest of justice to correct his records to show that he was awarded the AGCM.

4.  Additionally, the evidence of record shows that he participated in four campaigns while in Vietnam; therefore, he is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.

5.  However, the applicant's contention that his Letter of Commendation should be added to his DD Form 214 has been noted and found to lack merit.  Letters of Commendation were only authorized for filing in the official records and were not authorized for entry on the DD Form 214.  Accordingly, there is no basis for granting this portion of the applicant's requested relief.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;
   
   b.  awarding the applicant the Army Good Conduct Medal for the period
16 September 1968 to 22 April 1970; and
   
   c.  adding to item 24 of the applicant's DD Form 214 the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Automatic Rifle and Grenade bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 adding his Letter of Commendation to his DD Form 214.

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



      __________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)                                         AR20090003435



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ABCMR Record of Proceedings (cont)                                         AR20090003435



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