IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20090021120 


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 his chain of command did not initiate the necessary paperwork to award him the AGCM when he completed his tour of duty with the 625th Quartermaster Company.  He further states he served during the Vietnam conflict in an honorable fashion and he had always assumed he had earned the AGCM.

3.  The applicant provides:

* a printout of a web page on the AGCM
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his DD Form 256A (Honorable Discharge Certificate)
* his Selective Service System (SSS) Form 252 (Order to Report for Induction)
* Headquarters, U.S. Army Personnel Center, Oakland, CA, Special Orders Number 24, dated 24 January 1966, releasing him from active duty
* Headquarters, 101st Airborne Division, Fort Campbell, KY, Letter Orders Number 7-137, dated 29 July 1965, movement orders pertaining to the 625th Quartermaster Company


* Co A, 2nd Engineer Battalion, 2nd Infantry Division, Fort Benning, GA, Unit Orders Number 10, dated 26 September 1964, appointing him to the rank/grade of private first class (PFC)/E-3 and Unit Orders Number 10, dated 6 February 1965, appointing him to specialist four (SP4)/E-4
* Co A, 2nd Engineer Battalion, 2nd Infantry Division, Fort Benning, Unit Orders Number 56, dated 26 October 1964, appointing him as a radio-telephone operator in a radiological survey party

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 was inducted into the Army of the United States on 24 January 1964.  He was honorably released from active duty on 24 January 1966 after completing 2 years and 1 day of creditable active military service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His records do not contain any evidence of disciplinary actions or a commander's disqualification for award of the AGCM.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* in item 22 (Military Occupational Specialties (MOS)), he was awarded MOS 62E (Construction Machine Operator)
* in item 31 (Foreign Service), he served in the Republic of Vietnam (RVN) with the 625th Quartermaster Company during the period 17 August 1965 through 22 January 1966
* in item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings


4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Vietnam Service Medal

5.  The record is void of documentation showing the applicant was awarded the AGCM.

6.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

7.  Review of the FSM's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following two campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966

9.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges 


awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by awarding him the AGCM is supported by the evidence.

2.  The evidence of record shows the applicant honorably served during the period 24 January 1964 through 24 January 1966.  He received "excellent" conduct and efficiency ratings throughout his military service with no record of any disciplinary actions or a commander's disqualification.  Based on his overall record of service it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service.  Therefore, he should be awarded the AGCM (first award) and his DD Form 214 should be corrected to show this award.

3.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant honorably served on active duty during a period authorized for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show this unit 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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (first award) for the period
24 January 1964 through 24 January 1966; and

   c.  adding to item 26 of his DD Form 214 the:

* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _________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)                                         AR20090021120



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ABCMR Record of Proceedings (cont)                                         AR20090021120



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