IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090008260 


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, award of the Army Good Conduct Medal (AGCM).   

2.  The applicant states, in effect, he believes the AGCM was authorized for members who completed a three year period of service and received no Article 15s or court-martials.   

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an honorable discharge certificate 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 and entered active duty on 15 March 1966.  He successfully completed basic combat training at Fort Polk, Louisiana, and advanced individual training (AIT) at Fort Knox, Kentucky.  Upon completion of AIT, he was awarded military occupational specialty 11E (Armor Crewman) on 28 July 1966.  His record shows sergeant (SGT) is the highest rank he attained while serving on active duty.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 30 March 1967 through 22 May 1968, and item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry Regiment, performing duties in MOS 11E as an armor crewman.  Item 38 also shows that he received 'excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with 60 Device, Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM) with "V" (Valor) Device, Purple Heart (PH), Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars.  

5.  The applicant's Official Military Personnel File (OMPF) is void of derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM.  

6.  On 14 March 1969, the applicant was honorably released from active duty (REFRAD), in the rank of SGT.  The DD Form 214 he was issued confirms he completed a total of 3 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, PH, ARCOM with "V" Device, Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars, CIB, VSM with 3 bronze service stars, RVNCM, and NDSM.  

7.  Army Regulation 600-8-22 (Military Awards) provides the Army's award policy. Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  


8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated, in pertinent part, that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (3rd Squadron, 5th Cavalry Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It further shows that participation credit was granted for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), 
TET Counteroffensive (30 January-1 April 1968), and Vietnam Counteroffensive Phase IV (2 April-30 June 1968) campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he qualified for and should have been awarded the AGCM upon his REFRAD was carefully considered and found to have merit.  The applicant's DA Form 20 confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF 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 him the AGCM for his qualifying honorable active duty service from 
15 March 1966 through 14 March 1969, and by adding this award to his record and DD Form 214 at this time. 

2.  The evidence further shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

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 awarding him the Army Good Conduct Medal for his qualifying honorable active duty service from 15 March 1966 through 14 March 1969; by adding the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars with his Vietnam Service Medal to his DD Form 214; and by providing him a correction to his DD Form 214 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)                                         AR20090008260



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ABCMR Record of Proceedings (cont)                                         AR20090008260



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