IN THE CASE OF:	  

		BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019381 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Navy Achievement Medal (NAM) with Combat "V" and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states the earned awards should be added to his DD Form 214.

3.  The applicant provides a DD Form 214, award certificate, and letters from the Department of the Navy and National Personnel Records Center in support of this 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 was inducted into the Army of the United States and entered active duty on 22 April 1968.  He was trained in and awarded military occupational specialty 71H (Personnel Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four (SP4) on 8 December 1968 and this is the highest rank he attained while serving on active duty.  It also shows he served in the RVN from 8 September 1968 to 30 August 1969.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows during his RVN tour he was assigned to I Corps, U.S. Army Military Assistance Command Vietnam (USMACV) and Battery A, 1st Battalion, 82nd Artillery Regiment.  It also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

5.  Headquarters, U.S. Army Training Center Infantry and Fort Polk, Louisiana, Special Orders Number 137, dated 28 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Headquarters, USMACV, Special Orders Number 265, dated 21 September 1968, directed the applicant's reassignment to the III Marine Amphibious Force for duty as an Enlisted Aide with a report date of 23 September 1968.

7.  The applicant's official military personnel file (OMPF) is void of any derogatory information that would have precluded award of the Army Good Conduct Medal (AGCM).

8.  The applicant's OMPF also contains an endorsement from the DA Deputy Chief of Staff for Personnel (DCSPER), dated 9 October 1969, subject:  Award Recommendation Forwarding Action, addressed to The Adjutant General of the Army.  It informed The Adjutant General the DA DCSPER had no objections to awarding the NAM with Combat "V" to the applicant.

9.  On 22 January 1970, the applicant was honorably released from active duty in the rank of SP4 after completing 1 year and 9 months of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal 
* 
Army Commendation Medal
* two overseas service bars

10.  The applicant provides a 2001 letter from Headquarters, U.S. Marine Corps, Military Awards Branch.  It confirms the applicant was awarded the NAM with Combat "V."  An NAM with Combat "V" certificate was included with this letter and shows he received the award for professional achievement during the period 25 September 1968 through 20 June 1969.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy and states the following in the paragraphs/tables indicated:

	a.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.

	b.  Table B-1 contains a list of Vietnam campaigns and shows during the applicant's tour in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive (23 February 1969-8 June 1969), and Vietnam Summer-Fall (9 June 1969-31 October 1969).

	c.  Chapter 4 contains guidance on the AGCM and states it 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the NAM with Combat "V" and RVN Gallantry Cross with Palm Unit Citation should be added to his DD Form 214 has been carefully considered and found to have merit.

2.  The applicant's record contains an official endorsement from the DA DCSPER confirming there were no objections to awarding the applicant the NAM with Combat "V."  In addition, the applicant provides a letter and award certificate from the USMC Military Awards Branch confirming the applicant was awarded NAM with Combat "V" for professional achievement during the period 25 September 1968 through 20 June 1969.  As a result, it would be appropriate to add this award to his record and item 24 of his DD Form 214.

3.  The evidence further confirms that based on his service and campaign participation in the RVN, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars with his VSM.  Therefore, these awards should also be added to his record and DD Form 214.

4.  The evidence of record also contains orders confirming the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar based on his qualification with the M-14 rifle that was not included in the list of awards contained on his DD Form 214.  Therefore, it should also be added to item 24 of his DD Form 214 at this time.

5.  The applicant's record further confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and it is void of any derogatory information or unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award the applicant the AGCM for his qualifying period of honorable active duty service from 22 April 1968 through 22 January 1970 and to add this award to his record and DD Form 214.

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 AGCM for his qualifying period of honorable active duty service from 22 April 1968 through 22 January 1970;

	b.  amending item 24 of his DD Form 214 by deleting the VSM and adding the AGCM, NAM with Combat "V," RVN Gallantry Cross with Palm Unit Citation, VSM with four bronze service stars, and Expert Marksmanship Qualification Badge with Rifle Bar; 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)                                         AR20090019381



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ABCMR Record of Proceedings (cont)                                         AR20090019381



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