IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090015984 


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) be added to the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, he was awarded the AGCM prior to his discharge, but it was not included on his DD Form 214 and he does not have the orders.  

3.  The applicant provides no documentary evidence 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 31 August 1967.  He was initially trained in and awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  It further shows that on 
8 April 1970 he was reclassified into MOS 11B (Light Weapons Infantryman).    

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to sergeant on 9 February 1969.  This is the highest rank he attained while serving on active duty.  It also shows he served in the Republic of Vietnam (RVN) from 4 August 1968 through 5 February 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Battery A, 
3rd Battalion, 319th Artillery Regiment.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his non-training active duty assignments.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Parachutist Badge, Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), 2 Overseas Service Bars, Bronze Star Medal (BSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

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

5.  On 28 August 1970, the applicant was honorably released from active duty, in the rank of sergeant, after completing 2 years, 11 months, and 28 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows, in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:  NDSM, Parachutist Badge, VSM, RVNCM with Device 60, 2 Overseas Service Bars, BSM, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards 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 campaign a member is credited with participating in while serving in the RVN.  A silver service star is issued in lieu of 5 bronze service stars to denote participation in five campaigns.  Table B-1 lists RVN campaigns and shows while the applicant was assigned to the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V (1 July-1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969); TET 69 Counteroffensive 
(23 February -8 June 1969); Vietnam Summer-Fall 1969 (9 June-31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970).  

7.  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.

8.  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 (Battery A, 3rd Battalion, 319th Artillery) received the RVN Gallantry Cross with Palm Unit Citation (5 May 1965-26 September 1970, DAGO 43, 1972) and RVN Civil Actions Honor Medal First Class Unit Citation (15 April 1969-16 March 1971, DAGO 5, 1973). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the AGCM was carefully considered and found to have merit.  The regulation in effect at the time required a member to have conduct and efficiency ratings of "excellent" to qualify for the AGCM, a conduct and efficiency rating of "good" during training did not disqualify a member from receiving the AGCM.  

2.  The applicant's record confirms he received "excellent" conduct and 
efficiency ratings at all of his non-training active duty assignments.  Further, his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM at the time of his REFRAD.  As a result, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 31 August 1967 through 28 August 1970, and to add this award to his record and DD Form 214 at this time.  

3.  The record also confirms that based on his RVN service and campaign participation, the applicant is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star to be worn 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:

	a.   awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 31 August 1967 through 28 August 1970;

	b.  amending item 24 of his DD Form 214 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 1 silver service star to be worn with his already-awarded Vietnam Service Medal already listed; 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)                                         AR20090015984



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ABCMR Record of Proceedings (cont)                                         AR20090015984


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