IN THE CASE OF:	  

		BOARD DATE:	        21 JULY 2009

		DOCKET NUMBER:  AR20090004622 


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 award of the Army Commendation Medal (ARCOM).

2.  The applicant states that he was awarded the ARCOM and he desires it to be entered on his DD Form 214.  He also states that although the second digit of his Social Security Account Number (SSAN) is incorrect on the certificate, citation and orders, and should be a "5" instead of a "4", he deserves the recognition he earned and it should be entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, copies of his certificate, citation and orders awarding him the ARCOM, a copy of his SSAN Card, and a copy of orders advancing him to the rank of corporal.

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 at Fort Hamilton, New York on 29 May 1968.  He completed his basic training at Fort Jackson, South Carolina and was transferred to Fort Sill, Oklahoma to undergo his advanced individual training (AIT) as a field artillery crewman.

3.  He successfully completed his training and was assigned to Fort Sill for his first duty assignment.  He remained at Fort Sill and was promoted to the rank of sergeant on 8 March 1969.  He was transferred to Vietnam on 8 June 1969 and was assigned to A Battery, 1st Battalion, 92d Artillery Regiment.

4.  He departed Vietnam on 28 April 1970 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) as an overseas returnee on the same day.  He had served 1 year and 11 months 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.

5.  On 19 May 1970, General Orders Number 557, issued by Headquarters, I Field Force Vietnam Artillery awarded the applicant the ARCOM for the period of 2 May 1969 to 13 May 1970.  Although the ARCOM was awarded after the applicant's REFRAD, it was never added to his records.

6.  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 Good Conduct Medal (GCMDL).

7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (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 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 Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  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 was awarded the ARCOM subsequent to his REFRAD and thus is entitled to have the award of the ARCOM added to his records. 

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 29 May 1968 through 28 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 GCMDL 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 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 which 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.

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the VUA, the RVNGC w/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 showing that he was awarded the ARCOM and by awarding him the GCMDL for the period of 29 May 1968 through 28 April 1970, the VUA, the RVNGC w/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)                                         AR20090004622





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ABCMR Record of Proceedings (cont)                                         AR20090004622



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