IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090014459 


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 award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he was never issued the AGCM he was told he would receive for his excellent service.  He also indicates he received a letter of commendation from a lieutenant colonel that he served under.

3.  The applicant provides a Letter of Commendation, dated 31 January 1969, and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 31 January 1966.  He successfully completed basic combat training at Fort Polk, Louisiana and advanced individual training (AIT) at Fort Ord, California.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 17 June 1966.  He was later awarded MOS 11F (Infantry Operations and Intelligence Specialist) in October 1968.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in Item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN) from 
18 August 1966 to 17 August 1967.  Item 38 (Record of Assignments) shows that the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments. 

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

5.  The applicant's OMPF also contains Headquarters, Fort Polk Special Orders Number 72, dated 18 March 1966, which awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle on 14 March 1966.  It also contains Headquarters, 2nd Brigade (AIT) Special Orders Number 106, dated 23 May 1966 and Special Orders Number 109 dated 26 May 1966, which awarded the applicant the Marksman (also known as 2nd Class) Marksmanship Qualification Badge with Rifle and Machine Gun Bars based on his qualification with an automatic rifle and M-60 machine gun on 12 May 1966 and 17 May 1966, respectively.

6.  The applicant's OMPF also contains Headquarters, 82nd Airborne Division, Special Orders Number 319, dated 21 December 1967, which awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-16 rifle on 29 November 1967.

7.  On 30 January 1969, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active military service.  Item 24 (Decorations, Medals, Commendations, Citations or Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:  Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), Air Medal (AM), RVN Campaign Medal (RVNCM), National Defense Service Medal (NDSM), Army Commendation Medal (ARCOM), and Parachutist Badge.  


8.  The applicant provides a letter of commendation, dated 31 January 1969, which commended him for the truly outstanding manner in which he performed his duties on the front line in combat in Vietnam for 12 months and for his service upon his return from the RVN with the 82nd Airborne Division, Fort Bragg,
North Carolina.

9.  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.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III
(1 June 1967-29 January 1968) campaigns.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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. 

11.  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 (1st Battalion, 7th Cavalry Regiment) received the RVN Gallantry Cross with Palm Unit Citation.  

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.  

2.  In addition, the applicant provides a letter of commendation from his commander, which confirmed the applicant's performance and conduct were outstanding during his last two years of active duty service.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 31 January 1966 through 30 January 1969, and to add this award to his record and DD Form 214 at this time.

3.  The applicant's record also contains orders confirming he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16 & M-14) Bar and the Marksman Marksmanship Qualification Badge with Machinegun and Automatic Rifle Bars.  Therefore, it would also be appropriate to add these badges to his DD Form 214 at this time.

4.  Further, based on the applicant’s service and campaign participation in the RVN, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars with his already-awarded VSM.  Accordingly, these awards should be added to his 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:

   a.  awarding him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 31 January 1966 through 30 January 1969; 
   
   b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the Army Good Conduct Medal, Vietnam Service Medal with
2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar, and Marksman Marksmanship Qualification Badge with Machinegun and Automatic Rifle Bars; and


   c.  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)                                         AR20090014459



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ABCMR Record of Proceedings (cont)                                         AR20090014459



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