IN THE CASE OF:	

		BOARD DATE:	6 August 2009

		DOCKET NUMBER:  AR20090004716 


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, that the Army Good Conduct Medal (AGCM), Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and all other awards he is eligible for be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, the above awards should be added to his DD Form 214.  He also states that he served with the 7th Army in Germany.  

3.  The applicant provides a DA Form 20 (Enlisted Qualification Record) and a Department of Army (DA) Message 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 he enlisted in the Regular Army (RA) and entered active duty on 28 March 1969.  His record shows he was trained in and awarded military occupational specialty (MOS) 67H (Aircraft Maintenance), and that specialist five (SP5) is the highest rank/grade he attained while serving on active duty.  

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 30 September 1969 through 29 September 1970, and that he served in Germany from 2 November 1970 through 8 December 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 
131st Surveillance Airplane Company, 212th Combat Aviation Battalion, performing duties in MOS 67H as an aircraft mechanic.  It also shows that during his tour in Germany he was assigned to the 29th Transportation Company, performing duties in MOS 67P as a helicopter repairman.  Item 38 also shows he received “Excellent” conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows he earned the 
National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), 
Aircraft Crewman Badge, RVN Campaign Medal with Device (1960), 
Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge (Rifle M-14 and M-16).  

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  The OMPF contains orders, dated 20 May 1969, which confirm the applicant qualified as a sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge.  It also contains orders, dated 8 April 1970, which awarded him the Aircraft Crewman Badge, effective 8 April 1970.  A DA Form 1577 (Authorization for Issuance of Awards), dated 15 February 1973, shows the Army Reserve Personnel Center (ARPERCEN) authorized the issuance of the AGCM to the applicant.

5.  On 12 December 1971, the applicant was honorably released from active duty (REFRAD), in the rank of SP5, after completing 2 years, 8 months, and 15 days of active military service with no time lost.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 show he was authorized the following awards:  NDSM, ARCOM, and Sharpshooter Marksman Marksmanship Qualification Badge (Rifle M-16).

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance for award of the VSM and states, in pertinent part, that a bronze service star is authorized 
to be worn with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and confirms that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Summer-Fall 1969 (9 June 
1969 – 31 October 1969), Vietnam Winter-Spring 1969 (1 November 
1969 - 30 April 1970), Sanctuary Counteroffensive (1 May 1970 – 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) campaigns.   

7.  Chapter 4 of the awards regulation 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.

8.  Paragraph 9-13 contains guidance on the RVN Campaign Medal.  It states, in pertinent part, that this award is authorized to members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Normal qualifying service included assignment in the RVN for 6 or more months; however, members who served in the RVN for less than 6 months, who were wounded in action, were authorized the award.  The regulation also stipulates that a 1960 Device is worn with this award. 

9.  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 RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AGCM and Sharpshooter Marksmanship Qualification Badge (Rifle M-14) should be added to his DD Form 214 was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active duty service from 28 March 1969 through 12 December 1971.

3.  The evidence of record also confirms the applicant was awarded the Aircraft Crewman Badge on 8 April 1970, as evidenced by orders contained in his OMPF.  Orders that are contained in the applicant’s OMPF also show he qualified as a sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle M-14).  Therefore, it would be appropriate to add these awards to item 24 of his DD Form 214.

4.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for the RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation and 
4 bronze service stars to be worn with his VSM.  Thus, it would also be appropriate to add these awards to his record and 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 him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 28 March 1969 through 12 December 1971; 

   
b.  amending item 24 of his DD Form 214 by adding the Army Good Conduct Medal, Aircraft Crewman Badge, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Vietnam Service Medal with 4 bronze service stars; and
   
   c.  providing him a correction to his DD Form 214 that reflects 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)                                         AR20090004716



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ABCMR Record of Proceedings (cont)                                         AR20090004716


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