IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013817 


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 award of the Army Good Conduct Medal (AGCM) and all other awards he earned during his service.

2.  The applicant states, in effect, he meets the eligibility criteria for the AGCM; however, it is not included in the list of awards contained on his DD Form 214.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214), and page 3 of his DA Form 20 (Enlisted Qualification Record) 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 he entered active duty on 27 February 1968.  His record shows he was trained in and awarded military occupational specialty (MOS) 61B (Water Craft Operator) and that specialist five (SP5)/E-5 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 14 December 1968 through 7 December 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Service Detachment, U.S. Army Marine Maintenance Activity Vietnam (USAMMAV), performing duties in MOS 61C as a marine engineer repairman.  Item 38 also confirms 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), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

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 AGCM.

5.  On 26 February 1971, the applicant was honorably released from active duty (REFRAD), in the rank of SP5, after completing 3 years of active military service with no time lost.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows he earned the following awards:  NDSM, VSM, RVNCM with Device (1960), Sharpshooter Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  On 7 July 2009, a DD Form 215 was issued that amended Item 24 of his original DD Form 214 by adding the Vietnam Service Medal with 2 bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and 2 Overseas Service Bars.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided the Army's awards policy, including the criteria for the AGCM.  It stated, in pertinent part, that in order for a member to be eligible for the AGCM, he/she must have received all "excellent" conduct and efficiency ratings and must not have been convicted by a court-martial during the qualifying period.


8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's current awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It 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.  Table B-1 contains a list of authorized campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VI (2 November 1968- 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969- 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969); and Vietnam Winter-Spring 1969 (1 November 1969-30 April 1970).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the AGCM should be added to his DD Form 214 was carefully considered and found to have merit.  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 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 1st award of the AGCM for his qualifying period of honorable active duty service from 27 February 1968 through 26 February 1971.

3.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also eligible for 4 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to correct the VSM entry on his DD Form 214 accordingly.

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.  deleting from item 24 of his DD form 214 the Vietnam Service Medal with 2 bronze service stars;

   b.  awarding him the Army Good Conduct Medal (1st award) for his qualifying period of honorable active duty service from 27 February 1968 through
26 February 1971; 

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award) and the Vietnam Service Medal with 4 bronze service stars; and

   d.  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)                                         AR20090013817



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ABCMR Record of Proceedings (cont)                                         AR20090013817



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