IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090010613 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show entitlement to the National Defense Service Medal (NDSM) and the Vietnam Service Medal.

2.  The applicant states that his unit was deployed to Vietnam in August 1965 and he returned home in November 1965 to be discharged.

3.  The applicant provides 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's military records show that he was inducted in the Army of the United States on 19 November 1963 and was advanced to pay grade E-3. 

3.  His DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service) shows that he served in Vietnam from 28 August 1965 through 6 November 1965.  This form also shows that he received "excellent" conduct and efficiency ratings through his tenure of active duty service.  There is no evidence or indication that any disciplinary action was ever taken against the applicant.

4.  The applicant was honorably released from active duty on 10 November 1965 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) as his only award.

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the NDSM is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that the applicant's unit, the 540th Transportation Company, was awarded the Meritorious Unit Commendation for the period September 1965 to November 1966 by Department of the Army General Order (DAGO) Number 17, dated 1968.  That publication also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods include the Vietnam Defense Campaign (8 March 1965 through 24 December 1965).

8.  DAGO Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22 also provides that the Army Good Conduct Medal (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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant served on active duty between 1 January 1961 and 14 August 1974, he is entitled to the NDSM.

2.  Based on the applicant's Vietnam service, he is entitled to the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  The applicant is also entitled to the Meritorious Unit Commendation.

4.  In addition, since the applicant's received "excellent" conduct and efficiency ratings through his service and there is no evidence that any disciplinary action was taken against him, it would appear that his not being awarded the AGCM was an administrative oversight.  As such, it would now be appropriate to award the applicant the AGCM (first award).

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 (first award) for the period
19 November 1963 to 10 November 1965; and

	b.  adding to item 26 of his DD Form 214 the Army Good Conduct Medal (first award), National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.



      __________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)                                         AR20090010613



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ABCMR Record of Proceedings (cont)                                         AR20090010613



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